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
| What | Whose | Why we have it |
|---|---|---|
| Business details, brand, opening hours, photos | Yours | To make and publish your content |
| Photos that may show identifiable people | Your customers, staff, or people at events | Because they appear in the pictures you send us to publish |
| Enquiries: name, email, phone, message | Your customers | To capture them and let you reply |
| Orders: name, contact, delivery address, order details | Your customers | To collate them for you |
| Reviews and their author names | Your customers | To show them to you and let you reply |
| Social messages, comments and mentions | Your customers | To bring them into one inbox |
| Invoice and quote details | Your customers | To 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.
| Who | What they do for us | What they see |
|---|---|---|
| Cloudflare | Hosting, storage, the dashboard, your website | All stored data |
| Zernio | Publishes your posts, unified inbox, analytics, Google Business Profile connection | Your posts and scheduled content, your social messages, comments, mentions and reviews |
| Resend | Sends transactional email (your enquiry replies, our notifications) | Email addresses and message content |
| Anthropic | Writes caption drafts from your photos | Your photos, including any people in them, and your business details |
| Google Business Profile, reached through Zernio | Your 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:
| Provider | Mechanism they offer |
|---|---|
| Cloudflare | Certified 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 |
| Anthropic | The UK International Data Transfer Addendum, in their DPA |
| Resend | UK 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.