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Overview of Terms and Conditions of Ovi Publishing for Individual developers

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Created: jimgilmour1 (21 Mar 2009)
Last edited: hamishwillee (31 Jul 2012)
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Reasons: hamishwillee (12 Oct 2011)
This article pre-dates much of the static site content. It should be reviewed against the current information in the static site and either updated or deleted. I do believe there is a place for an overview like this if the terms and conditions are fairly complicated.

Contents

Quick highlights of the Terms and Conditions for Individual developers

Disclaimer

If you are a company seek advice from your legal department. Readers cannot expect that these are the views or responsibility of Nokia. These are extracts from the full terms and conditions and do not constitute legal advice.

Introduction

  • Definitions

"You" or "Your" means the person(s) or legal entity exercising rights under this Agreement. If You are entering into this Agreement on behalf of Your company, organization or legal entity, then "You" or "Your" refers to Your company, organization or legal entity.

The sole trader that is simply you the person. To those under United Kingdom Companies House Limited and Registered in England and Wales under Companies Act 1985 thats the Director and Company Secretary and the Companies Bank accounts.

  • Employee representation

If as a developer, you are an employee, the Company should have given permission for you as a developer, to act on its behalf in writing, to avoid any possible accusations of fraud. Nokia, under Terms and Conditions, will not be involved in third party action and that and legal action must be under the laws of Finland.

These sections relate to the payment to "You",that is the account that receives the payment controlled by "You" as described above.

Payment

  • The important points are payment in Euros, currency conversion costs could significantly reduce your income in your local currency.


  • "4.4. Payment to You will be made on a calendar quarterly basis following the end of each calendar quarter; provided that the first payment under the Program will be made to You, if due, following the end of the third calendar quarter of 2009. Payment from Nokia will be paid in Euros, which payment may be reflected differently to You based on local currency differences, exchange rates, Your bank fees and other factors beyond Nokia's control."


  • Opinion

The minimum five hundred (500) Euro value of the account before payment would need sales of around 200 downloads around 8 Euros per unit to obtain a payment each quarter.


  • "Notwithstanding the foregoing, if the total amount payable to You is less than five hundred Euros (€ 500), Nokia shall have the right to withhold payment until the next regularly scheduled quarterly payment date on which the amount payable to You equals or exceeds five hundred Euros (€ 500)."

Fixed aggregator costs to telecoms supplier for SMS purchase

  • "For Content priced at or below 1.99 Euros (€ 1.99), fixed aggregator billing costs will be calculated at fifty percent (50%) of the purchase price paid for Your Content after all applicable taxes, returns, refunds and bad debt expenses are deducted."
  • Opinion 20.00 euros -40% SMS = 10.2 Euros - 30%(Nokia cost) = 8.4 Euro
  • Opinion 2.00 euros -40% SMS = 1.2 Euros - 50%(Nokia cost) = 0.6 Euro

Free Content Restriction

This restriction means you must make a demo without time restriction, which can have limited features. The full function version is one that users pay will for.

  • 4.7. Free Content Restriction

You are prohibited from collecting future charges from end users for Content that those end users were initially allowed to obtain for free. This is not intended to prevent distribution of free trial versions of Your Content with a later upsell option to obtain the full version of the Content. Such free trials for Content are permitted. However, if You want to collect fees after the free trial expires, You must collect all fees for the full version of Your Content through the Program. In this Agreement, "free" means there are no charges or fees of any kind for use of the Content. All fees received by You for Content distributed via the Program must be processed by Nokia.

Your Support For Your Content

Support for your program. This is fairly obvious. If you have problems and dont sort them out Nokia will invoke the clause to deduct a further 40% for refunds

  • "fixed aggregator billing costs will be calculated at forty percent (40%) of the purchase price paid by End-Users after all applicable returns and refunds"
  • Opinion 20.00 euros -40% SMS = 10.2 Euros - 30%(Nokia cost) = 8.4 Euro
  • Opinion 2.00 euros -40% SMS = 1.2 Euros - 50%(Nokia cost) = 0.6 Euro
  • Opinion 1000 units* 2Euro =2000 Euro
  • Opinion 2000.00 euros -40% SMS = 1000.2 Euros - 30%(Nokia cost) = 800.4 Euro U.k. currency charges 1.7 euro pound = 470 pounds
  • So had to sell 500 items at 4 euros, this is unlikely so 2 euros result in 300 pounds uk for 2000 items 36% overall income.

Leave this to you the reader, but wont cover the cost of signing you app.

  • 4.8. Your Support For Your Content

You will be solely responsible for support and maintenance of Your Content and to address any complaints about Your Content. You agree to provide customer support by email delivered to the email address You provided during registration to the Program, or as updated by You after registration. You agree to respond to customer related issues pertaining to Your Content, sent to Your email address, within five (5) business days. You further agree to upload or provide a link to any support materials for Your Content when submitting Your Content for consideration by Nokia.

Taxes

Each country has complex tax requirements, in USA and Finland there is With-holding tax. The U.K Tax depends on personal circumstances and requires accountants and auditors for companies. VAT numbers are only available for companies whose income is above a large amount and virtually no tax on small Euro based accounts less than 2000 Euros, due to fact that currency charges are deducted before tax. Nokia being a multi-national company is very concerned by tax, which tends not to affect individual developers.

Summary

The big question of whether you will make anything out of this, well you wont know until you try. Get an Ovi user account first see the getting started. Selling content like themes and ringtones could be easiest. The Symbian full signing of an application will stop many individual developers, Java programs currently will not be resolved until after the launch.

Individual developers will probably have to wait for the store to open for a few months before they get started. Getting a demo of your application ready and most important getting feedback. Ovi supports user public file and media channels so you can still display your content WITHOUT having to put this in the app store!.

Viral marketing is still a powerful tool and linking to the "Share on Ovi" on Facebook application can make your content available to massive market. This way you get a reputation in market.

When you put this on to the Ovi app store you need to remove content from public channels on "Share on Ovi"

Related Ovi pages

Start at Ovi Developer - Getting Started

This page was last modified on 31 July 2012, at 10:30.
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