Phloi is run by Phoenix. In these terms "Phloi", "I", "me" and "my" mean Phloi, and "you" means you and your business. Part A covers this website and the newsletter. Part B covers work I do for you.
Part A: this website and the newsletter
1. General information
What is on this site is general information about marketing, sales and automation for service businesses. It is not legal, financial or tax advice. Examples from Dript, my own business, are real, but they are not a promise of what you will get.
2. Content
The words, images, guide and design on this site belong to me. You are welcome to read, download the guide and share links. Please do not copy or resell them without my written permission.
3. The Phloi Letter and the free guide
Both are free. You can unsubscribe at any time.
4. Using the site
Please do not misuse this site, for example by sending spam through the forms or trying to get into parts of it you are not meant to. I try to keep it running, but I cannot promise it will always be available or free of errors. Links to other sites are there for convenience. I am not responsible for those sites.
Part B: work I do for you
5. How work starts
Saying yes on the proposal page is not a contract. Work starts when you have read and agreed your written scope (your "proposal") and paid anything it says is due upfront. Your proposal sets out what I will do, the price and the timing. If your proposal and these terms say different things, your proposal wins.
6. What I do
- Done alongside you: one build day where you build the system with me, then support for the 30 days after it.
- Done for you: I build the system and then run it for you, month to month.
- Your Custom Dashboard: a dashboard built over the tools you already use, then a monthly fee for hosting, support and small changes.
Anything outside your proposal is quoted first and only goes ahead once you agree.
7. Fees and payment
- Fees are in your proposal and on each invoice, in Australian dollars. If GST applies, it is shown on the invoice.
- Invoices are due by the date on the invoice. Monthly fees are invoiced at the start of each month.
- If an invoice is more than 14 days overdue, I may pause the work after letting you know.
- Ad spend, software subscriptions, AI subscriptions, phone numbers and other outside costs are paid by you directly to the provider. They never pass through me.
8. Your part
- Give me the access, information and approvals the work needs, in reasonable time.
- Keep your accounts in your own name. That includes ad accounts, pages, phone numbers, your customer system and software logins.
- Check and approve your offers, prices and any claims before ads or messages go out. You are responsible for them being true and for following Meta's, Google's and other platforms' rules.
- Make sure you are allowed to contact the people your systems message. Under the Spam Act 2003, texts and emails that promote your business need the person's consent and an easy way to opt out. I set up opt outs, and you keep your lists clean.
- Have a privacy policy for your business that covers how your systems use your customers' information.
9. AI and automations
The AI I set up writes replies using the information and rules you give it. AI can get things wrong, so I build in limits and you check the setup before it goes live. Messages it sends go out in your business's name. Tell me straight away if anything looks wrong and I will fix it. Software providers change their products from time to time. Where that breaks something I built and the fix is within your scope, I fix it.
10. Results
I cannot guarantee a number of leads, bookings or a level of revenue. Ad platforms decide who sees your ads and what they cost, and results also depend on your offer, prices, area, reviews and how fast you follow up.
11. Who owns what
Your accounts, your data, and the ads, content and automations built in your accounts are yours once you have paid for them. I keep the templates, methods and code I bring to the work or reuse for others, and you get an ongoing right to use what I deliver in your business. If you stop paying for Your Custom Dashboard, I give you an export of your data from it.
12. Confidentiality and your customers' information
I keep your business information confidential and handle your customers' personal information as set out in section 6 of my Privacy Policy. I only name your business, or use your results or words publicly, with your written permission.
13. Moving, cancelling and refunds
- Done alongside you: if you need to move the build day, tell me as early as you can and we set a new date. If you cancel before the build day, I refund what you have paid, less the reasonable value of work I have already done for you, such as the audit and setup. After the build day, the fee is not refunded for a change of mind.
- Monthly services: either of us can end them with 30 days' written notice. A month already started is not refunded.
- If I cannot deliver something we agreed, I fix it, or refund you for the part not delivered.
- None of this limits your rights under the Australian Consumer Law.
14. Australian Consumer Law
My services come with guarantees that cannot be excluded under the Australian Consumer Law, including that I do the work with due care and skill. Because my services are not of a kind ordinarily bought for personal, domestic or household use, where the law allows, my liability for failing to meet a guarantee is limited to supplying the services again or paying the cost of having them supplied again.
15. Limits on responsibility
Apart from your rights in section 14, my total liability for any engagement is limited to the fees you paid me for it in the 12 months before the claim. I am not liable for indirect loss or lost profits, for decisions or outages of outside platforms such as Meta, Google or your software providers, or for content and claims you approved. This does not limit liability for fraud or deliberate wrongdoing.
16. Ending the work for a breach
Either of us can end an engagement in writing if the other seriously breaches these terms or the proposal and does not fix it within 14 days of being told.
17. Disputes
If something goes wrong, email me first at contact@phloi.com. We will both try in good faith to sort it out within 30 days before taking it further.
18. Changes and law
The terms on this page when you agree your proposal apply to that work. For monthly services I give you 30 days' notice of any change, and you can end the service before it applies. These terms are governed by the laws of Queensland, Australia.
Contact
Phloi, run by Phoenix. Email contact@phloi.com.