Terms and Conditions
Business use only: The Service is provided strictly business-to-business for florists and related companies. UK consumer cancellation rights do not apply.
If we reasonably believe you are using the Service as a consumer (B2C), we may suspend or terminate your account immediately. You will be responsible for any additional VAT or tax liabilities arising from such misuse.
1. Plans and Transaction Fees
£60/month (includes Till Mode) – No Florist Touch transaction fee.
£35/month with WorldPay – 0% Florist Touch transaction fee (WorldPay’s gateway fees apply separately).
£35/month with Stripe – 1% Florist Touch transaction fee covering postcode lookup, transactional emails and basic newsletter capability (Stripe’s own gateway fees apply separately).
Note: Payment-gateway/provider fees (e.g. Stripe or WorldPay) are charged by the provider and are separate from any Florist Touch fee.
2. Billing and VAT Status
All fees are payable monthly in advance by the method we specify. Florist Touch Ltd is not currently VAT-registered, so no VAT is charged. If our VAT status changes, all prices become plus VAT at the prevailing rate from the effective date (we’ll notify you). Access may be suspended for non-payment. We may charge reasonable late-payment fees or statutory interest under UK law.
We may change subscription and setup fees on at least 7 days’ notice.
Late payment: We may charge statutory interest and fixed-sum compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) and recover reasonable debt-recovery costs.
No set-off: Fees are payable in full without set-off, counterclaim or deduction, except as required by law.
3. Optional Setup Service and Fee
The optional setup fee of £85 is non-refundable in all circumstances, including if the final site does not fully match a florist’s personal preferences for design, functionality or layout.
Timelines are indicative only and depend on the timely supply of content, text, images and approvals. We are not responsible for delays caused by missing or inaccurate materials. We may recommend or connect third-party services (e.g. payment gateways, delivery plugins, domain providers), but any costs or issues with those third parties remain the florist’s responsibility.
Maintenance or technical downtime may occur. We aim to minimise disruption, but uninterrupted access cannot be guaranteed.
Setup does not include: domain name, more than 5 service pages, bespoke layouts, photo editing, shop item additions or custom features. If such bespoke requirements are added, the indicative 5-working-day timeline no longer applies.
4. Monthly Subscription
Included in £35/month plans:
- Ongoing platform updates and improvements
- Guidance for routine tasks (e.g. changing opening times or photos)
- Setup help – domains, email forwarding, SEO guidance
- Optional newsletters for key florist dates (Mother’s Day, Valentine’s, Christmas)
- General advice on user experience and SEO
Not included:
- Weekly item or content updates (text, prices, images)
- Adding new pages or gallery changes
- Regular “we do it for you” maintenance — available by quotation
Just Starting Out discount: available if you have been trading on any platform for less than three months (e.g. selling via Facebook).
5. Agency with Resellers (Designers/Developers)
Some onboarding, content or support may be performed by independent resellers operating under licence from Florist Touch (“Resellers”). They are independent contractors, not employees or agents, and cannot bind Florist Touch in any way.
Invoicing: Resellers invoice florists directly for their own services. Those fees are separate from Florist Touch charges. Florist Touch does not collect or pass through reseller payments.
Responsibility: Florist Touch remains responsible for platform hosting, maintenance, security and core support. Resellers are responsible only for their own work product and not for platform uptime, bugs or GDPR compliance of the Service.
Continuity: If a Reseller ceases trading or withdraws, you remain a Florist Touch customer and may be re-assigned internally or to another Reseller.
Restrictions: Resellers must not migrate florists to competing platforms or actively solicit them without prior written approval from Florist Touch. (This does not limit a florist’s freedom to move platform by choice.)
No client money / no payment agency: Florist Touch does not hold Client Money, operate a client money account, or act as payment agent for Resellers or florists. Where a Reseller provides services, any payment flows are directly between the florist and the Reseller or their chosen payment provider. Florist Touch is not a party to those transactions and does not collect or pass through such funds.
Reseller tax responsibility: Resellers are solely responsible for their own tax, VAT, PAYE and reporting obligations arising from services they supply to florists.
No authority: Nothing in these Terms creates any agency, joint venture, partnership, or employment between Florist Touch and a Reseller, or authorises a Reseller to make commitments on behalf of Florist Touch.
This agency structure is governed by separate written agreements between Florist Touch (as agent) and each Reseller (as principal) that expressly confirm agency, remuneration (commission), and incorporate the HMRC six indicating factors described below. Copies may be made available to regulators or professional advisers for compliance purposes under appropriate confidentiality obligations.
5.1 Title (HMRC “Title”)
Resellers retain title in their services and work product unless assigned directly by the Reseller to the florist. Florist Touch does not purchase or own Reseller Services.
5.2 Identity of the Supplier (HMRC “Identity”)
Reseller Services will be clearly identified to the florist, including the Reseller’s name and contact details. Where multiple Resellers are available, the florist may select their preferred Reseller (e.g., based on portfolio, expertise, or availability), and will be informed which Reseller is providing the services.
5.3 Value Transparency (HMRC “Value”)
The Reseller will know the sold price of their services and the basis of Florist Touch’s commission. Where relevant, statements will disclose the transaction value and commission basis.
Any discounts obtained by Florist Touch in facilitating Reseller Services will be passed back to the Reseller or reflected transparently in the net amount remitted, ensuring that no undisclosed profit is retained.
5.4 Separation (HMRC “Separation”)
Florist Touch’s commission is identifiable and separate from the Reseller’s price for Reseller Services. Commission may be a fixed fee or a percentage of the sale price as agreed with the Reseller.
5.5 No Change to Main Supply (HMRC “No Change”)
The main supply of Reseller Services is from the Reseller (principal) to the florist (customer). The existence of Florist Touch as agent does not change the direction of that supply. For consistency, Florist Touch will not purchase Reseller Services or pay Resellers for work performed; instead, Florist Touch will (i) invoice the Reseller for commission, or (ii) where Florist Touch collects funds as agent, retain the agreed commission at source and remit the balance to the Reseller.
5.6 Nature and Value (HMRC “Nature and value”)
Florist Touch does not alter the nature or value of the Reseller Services. Pricing may be negotiated within the Reseller’s authority.
5.12 Consistency of Conduct (HMRC “double-check on consistency”)
Florist Touch, Resellers and florists must act in accordance with the agreed agency structure. We will periodically review working practices against the Reseller agreements and these Terms to ensure ongoing alignment. Any material deviation will be documented and promptly corrected to preserve the agency status.
6. Billing Changes and Late Payment
See Section 2 for billing terms, late payment, and price-change notice periods.
7. Service Availability and Uptime
We strive for high availability but cannot guarantee 100%. Routine updates, maintenance and events beyond our control may cause temporary outages. We take reasonable steps to restore service promptly after any disruption.
8. Suspension of Service
We may suspend your account immediately if use poses a security risk, adversely impacts others, creates legal liability, appears fraudulent or is in breach of these Terms (including payment delinquency > 15 days). Fees incurred remain payable during suspension.
9. Term and Termination
Your cancellation: you may cancel any time by notice and closing your account.
Our termination: we may terminate on 30 days’ notice for convenience or immediately for cause (e.g. serious breach, illicit use, third-party dependency changes or legal requirement).
Effect of termination: access ends immediately; all fees to date remain due. For 30 days after termination (unless for serious breach), you may request data export once all sums are paid. We retain system logs and back-ups as required for security and legal compliance.
Data export: During the post-termination window, we will provide a reasonable export of Your Content (for example CSV and/or JSON) on request once all sums due are paid.
10. Intellectual Property
All platform software and content remain the property of Florist Touch Ltd. You receive a limited, revocable, non-exclusive, non-transferable licence to use the Service for your business site. You retain ownership of your own uploaded content. Reverse engineering or resale is prohibited.
11. Data Protection (UK GDPR)
Roles: For your florist customer data, you are Controller; Florist Touch is Processor. For account and billing data, Florist Touch is Controller. Resellers engaged directly by you act as your independent processors or sub-processors.
Our Processor commitments: we process data only on documented instructions; implement appropriate security measures; ensure staff confidentiality; assist with rights requests and impact assessments where reasonable; notify you of breaches without undue delay; delete or return data after termination (subject to lawful retention); and use no international transfers without appropriate safeguards.
Sub-processors: we may use infrastructure and service providers under equivalent contracts and remain responsible for them. See our Privacy Policy for details.
Sub-processor transparency: We maintain a current list of sub-processors in our Privacy Policy. We will provide notice of material changes; if you reasonably object to a new sub-processor on data-protection grounds, you may notify us within 14 days and we will discuss in good faith. If no resolution is possible, you may terminate the affected Services without penalty.
International transfers: Where personal data is transferred outside the UK/EEA, we will use a valid transfer mechanism such as the UK International Data Transfer Agreement (IDTA), Addendum to EU SCCs, or other adequacy mechanism then in force.
12. Disclaimers
The Service is provided “as is”. We and our affiliates make no express or implied warranties of merchantability, fitness for a particular purpose or non-infringement, nor guarantee uninterrupted or error-free operation.
13. Limitation of Liability
Nothing limits liability for death or personal injury caused by negligence, fraud or matters that cannot legally be limited. Subject to that, Florist Touch is not liable for indirect or consequential loss (including loss of profits, revenue, goodwill or data). Our aggregate liability is capped at the fees paid to us in the 12 months preceding the event giving rise to the claim.
14. Changes to These Terms
We may modify these Terms or referenced policies by posting updates on our website or emailing account contacts. Changes take effect on the stated date. Material changes that increase recurring fees will be notified at least 14 days in advance (or as soon as reasonably practicable where required for legal or security reasons). Continued use of the Service constitutes acceptance.
15. Miscellaneous
- Force Majeure: We are not liable for failure caused by events beyond our reasonable control (e.g. natural disaster, labour dispute, utility failure, war or terrorism).
- Independent Contractors: You and we are independent entities; neither may bind the other.
- No Third-Party Rights: No third party is entitled to enforce these Terms.
- Assignment: You may not assign without written consent. This Agreement binds successors and assigns.
- Notices: We may notify you via email or site postings. You must keep your contact details current.
- Severability and No Waiver: If any part is held invalid, the rest remains in force. Failure to enforce is not a waiver.
- Governing Law and Jurisdiction: These Terms and any dispute are governed by the laws of England and Wales, whose courts have exclusive jurisdiction.
- Order of precedence: If these Terms conflict with any order form or statement of work signed by both parties, that signed document prevails to the extent of the conflict.
- Survival: Clauses relating to fees, intellectual property, confidentiality, data protection, disclaimers, limitation of liability, governing law/jurisdiction, and any obligations which by their nature should survive, shall survive termination.
16. Definitions
“Acceptable Use Policy” – rules we publish at floristtouch.co.uk.
“Account Information” – information you provide to create or manage your Florist Touch account (names, emails, billing details etc.).
“Florist Touch Content” – all content we make available in connection with the Service (including documentation and software libraries).
“Service” / “Services” – the Florist Touch platform, its software and associated products or services we provide.
“End User” – any person or entity who accesses your site or content via the Service.
“Your Content” – material you or End Users upload to the Service for processing or hosting.
“Reseller” – an independent contractor licensed to assist florists with onboarding or support on the Florist Touch platform.
“Privacy Policy” – our policy at floristtouch.co.uk/privacy.
“Term” – the duration of this Agreement from sign-up until termination under Section 9.
“Client Money” – funds received or held on behalf of another party. Florist Touch does not receive or hold Client Money in respect of Reseller services.
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