Terms of service

The agreement, in plain English.

Our clients are florists and salon owners, not lawyers. Terms nobody can read are terms nobody agreed to, so this is written to be read.

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The short version

You pay a flat monthly fee for the services you have picked. There is no minimum term, no setup fee

and no contract to escape from. Either of us can stop with 30 days' notice. You own your photos,

your words, your website and your accounts, during and after. Nothing goes out in your name without

your say-so. If we handle your customers' details, we only do what you tell us to, and Annex B sets

out exactly how.

1. Who this is between

Us: Phat Digital, Bristol ([email protected]).

You: the business named on your order.

Phat Digital is a trading name of Joel Rowbottom, a sole trader.

Address for service of documents:

Flat D, 77 West Street, Bedminster, Bristol BS3 3NU.

This satisfies Companies Act 2006 s.1201, which requires someone trading under a name that is not

their own surname to disclose their own name and an address where documents can be served. It must

also appear on invoices, order forms, receipts, demands for payment, business emails and the

website. The website does not carry it yet. Note this is a HOME address and will be publicly

visible wherever it appears; a paid service address (about £20 to £60 a year) is the alternative if

that is not wanted.

2. What we do

We provide the services listed on your order. Today those are:

  • Phat Social — your social posts made from your photos, written in your voice, planned and

scheduled, approved by you before anything is published.

  • Phat Websites — your website built, hosted and kept up to date, with changes included.
  • Phat Operations — your Google Business Profile, reviews, enquiries inbox and invoicing.
  • Phat Studio — content made from your material: reels, product shots, graphics.

Each is a separate service at its own flat monthly price. You can have one or several, and you can

add or drop any of them month to month. What you are paying for and what it costs are on your order,

not in this document, so a price change is never buried in terms you signed once.

3. What we need from you

The work depends on you sending us material and answering a few questions at the start. We will tell

you exactly what we need and chase it politely. If we cannot get what we need, we may not be able to

deliver, and we will say so rather than quietly produce something worse.

You confirm that anything you send us is yours to send: your photos, your logo, your words. If a

photo has a person in it, you confirm they are happy to appear. This matters because we publish it.

4. Approval, and the one rule we do not bend

Nothing is published in your name until you have approved it. Not a post, not a reply, not a

website change. You approve in your dashboard, and you can change anything before it goes.

If you ask us to publish something we think is a bad idea, we will tell you once and then do it.

5. What it costs and how you pay

The fee is on your order. It is a flat monthly amount, paid monthly in advance, and it does not

change unless we agree it with you first and give you 30 days' notice.

Website builds carry a one-off fee, also on your order.

There is no setup fee, no minimum term and no cancellation fee.

6. Stopping

Either of us can end this with 30 days' written notice, for any reason or none. An email counts

as writing.

When we stop:

  • You keep everything. Your photos, your captions, your website, your accounts, your data.
  • We will hand over your website files and export your content in a usable format, free, within 30

days of you asking.

  • We disconnect from your accounts and delete our working copies (see Annex B for what that means

in practice).

  • You pay for the month you are in. We do not refund part months, and we do not charge for months

after you have left.

We may stop immediately, without notice, if you ask us to do something unlawful, or use the service

to publish content that is unlawful or that we would be ashamed to have made.

7. Who owns what

You own: your photos, your brand, your words, the captions and designs we make for you, your

website content, your domain, and every account in your name. All of it, during and after, with no

licence back to us needed.

We own: our software, our templates, our tooling, and the general know-how we use to do the work.

Nothing in this agreement gives you rights to those, and nothing gives us rights to your business.

Showing our work: we would like to show what we have made for you as an example, on our website

or our own social. We will ask you first, every time, and you can say no without it affecting

anything. If you say yes and change your mind later, tell us and we will take it down.

8. When things go wrong

We will do this work properly and with reasonable care and skill.

We cannot promise a result. Nobody honest can promise you followers, rankings, enquiries or sales,

and we will not pretend otherwise in a document you are signing.

Some things are outside our control and are not our fault: a social platform changing its rules or

suspending an account, a search engine changing how it ranks, an outage at a supplier, or your own

hosting or domain lapsing. We will help you sort it out; we cannot be liable for it.

We are not liable for lost profits, lost business or other indirect losses. Our total liability to

you in any 12 month period is limited to £1,000, or the fees you paid us in that period if that is

higher.

Nothing in this agreement limits liability for death or personal injury caused by negligence, for

fraud, or for anything else the law does not allow us to limit.

[£1,000 SET 2026-07-26, deliberately as a FLOOR rather than a ceiling. "£1,000 or fees paid if

higher" is never less than £1,000, which is easy to defend as reasonable, and it scales on its own

for a bigger client: someone on Social plus Websites at £135/mo reaches £1,620 after a year without

anyone editing this clause.

WHY NOT LOWER. A cap has to be "reasonable" under the Unfair Contract Terms Act 1977, and s.11(4)

makes the availability of insurance an explicit factor: a court asks how far it was open to you to

cover yourself. Once professional indemnity cover is in place, arguing that a florist's whole

remedy is worth a few hundred pounds gets harder, and the downside is asymmetric. If a court strikes

the cap as unreasonable you do not fall back to a smaller number, you fall back to no cap at all.

The realistic worst case here is not abstract either: a florist's Valentine's or Mother's Day week

is a large slice of their year, and a posting failure through it is the one claim that could

plausibly exceed a few hundred pounds. Saving £400 of theoretical exposure is not worth putting the

whole clause at risk.

STILL WORTH KNOWING: this cap governs what a CLIENT can claim from us. It does not limit what a

client's customer could claim, and it does not limit anything the ICO might do over a data breach.

Insurance is what covers those, not this clause. Check the policy excess too: with a £1,000 cap and

a £500 excess, the first £500 of any claim is Joel's either way.]

9. Your data and your customers' data

We take this seriously and we have written it out properly rather than waving at it.

  • Your business data (your details, your photos, your brand): we hold it to do the work, and

our privacy notice at phatdigital.uk/privacy explains how.

  • Your customers' data (enquiries, orders, reviews, messages): you decide what happens to

it and we act on your instructions. In data protection language you are the controller and we

are the processor. Annex B is the written agreement UK GDPR requires for that, and it forms

part of this agreement.

10. The boring necessary bits

This agreement is governed by the law of England and Wales, and the courts of England and Wales

deal with any dispute.

If any part of it turns out to be unenforceable, the rest still stands.

This is the whole agreement between us, together with your order and the annexes. If we change these

terms we will tell you at least 30 days beforehand, and if you do not like the change you can leave

under clause 6 without penalty.

Annex A — Your order

The order is a short separate document (or an email we both agree to) that names:

  • which services you are taking
  • the monthly fee for each, and any one-off build fee
  • the date it starts
  • anything specific we have agreed

Deliberately separate so prices can change for new clients without reopening these terms, and so

your terms never silently change because our price list did.

Annex B — Data processing

This is the Article 28 processing agreement referred to in clause 9.

B1. Roles

You are the controller. We are the processor. For your own business data (your account, your

invoices from us) we are the controller and our privacy notice applies.

B2. What we process, and why

WhatWhoseWhy we have it
Business details, brand, opening hours, photosYoursTo make and publish your content
Photos that may show identifiable peopleYour customers, staff, or people at eventsBecause they appear in the pictures you send us to publish
Enquiries: name, email, phone, messageYour customersTo capture them and let you reply
Orders: name, contact, delivery address, order detailsYour customersTo collate them for you
Reviews and their author namesYour customersTo show them to you and let you reply
Social messages, comments and mentionsYour customersTo bring them into one inbox
Invoice and quote detailsYour customersTo produce invoices and quotes for you

We process it only to provide the services, and only on your instructions. This agreement and your

order are your instructions. If we ever think an instruction breaks data protection law, we will

tell you and not act on it until it is sorted.

B3. How long we keep it

For as long as you are a client, plus 30 days after you leave so nothing is lost during a

handover, then we delete it. If the law requires us to keep something longer, we will keep only that

and tell you what and why.

B4. Security

  • Everything is stored on Cloudflare (UK/EU edge), reached over encrypted connections.
  • Access is restricted to Joel, gated behind Cloudflare Access with a verified sign-in.
  • Each client's data is kept separate, and this is enforced in the software, not by convention.
  • Operator tooling that can see across clients runs only on a local machine, not on the

internet.

  • We will tell you within 48 hours if we become aware of a breach affecting your data, with what

we know and what we are doing.

B5. Sub-processors

We use these. They are the real list, taken from the code rather than remembered, and they are

verified as at 2026-07-26.

WhoWhat they do for usWhat they see
CloudflareHosting, storage, the dashboard, your websiteAll stored data
ZernioPublishes your posts, unified inbox, analytics, Google Business Profile connectionYour posts and scheduled content, your social messages, comments, mentions and reviews
ResendSends transactional email (your enquiry replies, our notifications)Email addresses and message content
AnthropicWrites caption drafts from your photosYour photos, including any people in them, and your business details
GoogleGoogle Business Profile, reached through ZernioYour listing and your reviews

Two things worth being straight about, because they are the ones people miss:

  • Your photos go to Anthropic to have captions written. If a photo has a customer or a staff

member in it, their image goes too. That is unavoidable given how the product works, so it is

written here plainly rather than buried.

  • Your website does not load fonts or analytics from Google by default. Fonts are served from

your own site and there is no tracking script unless you ask for one. That means your visitors'

IP addresses are not passed to a third party just for visiting. Verified on the live site

2026-07-26. If you ask us to add Google Analytics, that changes, and we will tell you so at the

time.

We will give you 30 days' notice before adding or changing a sub-processor, and you can object.

If we cannot resolve your objection, you can leave under clause 6 without penalty.

B6. Your rights, and your customers'

If one of your customers asks to see their data, or to have it deleted, you answer them, and we

will help you do it promptly and at no charge. We will pass on any request that comes to us instead

of you, and not act on it ourselves.

B7. Transfers outside the UK

Some sub-processors are US-based (Anthropic, Resend, and Cloudflare's global network). Where data

goes outside the UK, it is covered by the relevant approved transfer mechanism.

Checked against each provider's own data processing terms on 2026-07-26:

ProviderMechanism they offer
CloudflareCertified under the EU-US Data Privacy Framework and the UK Extension, plus the ICO's International Data Transfer Addendum (version B1.0) in their DPA
AnthropicThe UK International Data Transfer Addendum, in their DPA
ResendUK Standard Contractual Clauses with the UK Addendum, and certified under the EU-US Data Privacy Framework and the UK Extension

So every US transfer here is covered by a recognised mechanism, and no bespoke drafting is needed.

[ONE ACTION, not a decision: make sure we have actually accepted each provider's DPA. Some apply

automatically on use, others need explicit acceptance in the account settings. Worth ten minutes to

confirm and record the date.]

B8. Audit

You can ask us, once a year, to show that we are doing what this annex says. We will answer

honestly and in writing.

B9. When it ends

When this agreement ends, we delete your customers' data as set out in B3, and confirm in writing

that we have. Anything sitting with a sub-processor is deleted on their schedule, and we will tell

you what that is if you ask.