Terms of Service

1. About these terms

These terms are a legal agreement between you and Prophoenix Solutions Tech, registered in England and Wales under company number 17064165, with its registered office at 27 Old Gloucester Street, London, England, WC1N 3AX. By accessing prophoenixsolutions.com you accept these terms. If you do not accept them, please do not use the site.

Prophoenix Solutions Tech is authorised and regulated by the Financial Conduct Authority and is entered on the Financial Services Register under reference number 946605. We are licensed by the Information Commissioner’s Office under registration number ZA786198.

2. Use of this website

You agree that you will not:

• use the site for any unlawful, fraudulent or harmful purpose;
• attempt to gain unauthorised access to the site, its servers or connected systems;
• introduce viruses, trojans, worms or other malicious code, or conduct a denial-of-service attack;
• scrape, harvest or systematically extract content except by ordinary search indexing;
• submit false information or another person’s details through our forms;
• use the site to send unsolicited commercial communications.

We may suspend or withdraw access to the site without notice where we reasonably believe these terms have been breached.

3. Enquiries are not offers

Information on this site, including any indicative pricing, timelines or performance figures, is provided for general information and does not constitute a contractual offer. Submitting the contact form does not create a client relationship. A binding engagement arises only when a written proposal or statement of work is signed by both parties.

4. Supply of services

Where we are engaged to provide services, the following apply unless varied in writing:

• Scope. Services are defined in the signed statement of work. Work outside that scope is agreed and priced separately before it begins.
• Term.Retainers run for an initial minimum term of 90 days, then continue monthly until terminated by either party on 30 days’ written notice.
• Fees. Retainer fees are invoiced monthly in advance and are payable within 14 days. Media spend is paid by you directly to the platform unless otherwise agreed. All fees are exclusive of VAT.
• Late payment. Overdue sums may attract interest under the Late Payment of Commercial Debts (Interest) Act 1998, and we may pause delivery until the account is settled.
• Your obligations. You will provide timely access to accounts, assets, approvals and a named point of contact. Delays caused by outstanding inputs may shift agreed timelines.

5. No guarantee of results

Search rankings, advertising performance and conversion outcomes depend on factors outside our control, including third-party platform algorithms, competitor activity, market conditions and changes you make to your own systems. We commit to applying professional skill and care and to the deliverables in the statement of work. We do not guarantee any specific ranking, traffic level, cost per acquisition or revenue figure. Figures shown on this site are historic aggregates and are not a forecast for your business.

6. Intellectual property

• All content on this site, including text, design, graphics, logos and code, is owned by or licensed to us and protected by intellectual property law. You may view and print pages for your own internal use only.
• Deliverables produced under a paid engagement transfer to you on full payment of the related invoices. Our pre-existing methodologies, templates, frameworks and tooling remain ours, and you receive a non-exclusive licence to use them as embedded in the deliverables.
• You retain ownership of your accounts, data, trade marks and materials supplied to us, and you warrant that you hold the rights necessary for us to use them in delivering the services.

7. Confidentiality

Each party will keep the other’s confidential information secret, use it only for the engagement, and not disclose it except to personnel and advisers who need it and are bound by equivalent duties. This obligation survives termination by three years. We may reference an engagement anonymously (for example, “a B2B SaaS platform”) unless you ask us not to.

8. Third-party platforms and links

Our services rely on third-party platforms such as Google, Microsoft and Meta. We are not responsible for their availability, policy changes, account suspensions or pricing. Links to external sites are provided for convenience and do not imply endorsement.

9. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be limited.

Subject to that, and to the fullest extent permitted by law:

• we exclude liability for loss of profit, revenue, business, goodwill, anticipated savings or data, and for any indirect or consequential loss;
• our total aggregate liability arising out of an engagement is limited to the fees paid by you to us in the 6 months preceding the event giving rise to the claim;
• the site is provided “as is” without warranty of uninterrupted or error-free availability.

10. Termination

Either party may terminate an engagement on 30 days’ written notice after the initial term, or immediately if the other commits a material breach that is not remedied within 14 days of notice, or becomes insolvent. On termination you pay for work performed up to the termination date, and we hand over accounts, assets and documentation in our possession.

11. Data protection

Each party will comply with UK GDPR and the Data Protection Act 2018. Where we process personal data on your behalf we do so as processor under a data processing agreement. Our own processing as controller is described in our Privacy Policy.

12. Changes to these terms

We may update these terms from time to time. The version published here at the time you use the site applies to that use. Changes to a signed engagement require written agreement from both parties.

13. Governing law

These terms and any dispute arising from them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

14. Contact

Questions about these terms: hello@prophoenixsolutions.com, or write to us at 27 Old Gloucester Street, London, England, WC1N 3AX.