TOHQ SaaS Terms & Conditions

Last updated: 2026-06-19

1. Who we are

TOHQ is operated by Flockstone Group Limited (company no. 11849937), registered office Xl House, 2 Mill Court, Spindle Way, Crawley, West Sussex, England, RH10 1TT ("TOHQ", "we", "us"). These terms govern your use of the TOHQ platform — websites, CRM, quoting, job management, invoicing, customer management and related software (the "Service").

By creating an account or using the Service you ("Customer", "you") agree to these terms. If you are agreeing on behalf of a business, you confirm you have authority to bind it.

2. The Service

We provide the Service on a subscription basis. We may improve, change or withdraw features from time to time; we will not materially reduce the core functionality you pay for without notice.

3. Data ownership

3.1 You retain ownership of all data you and your customers submit to the Service ("Customer Data"). We obtain no ownership rights in Customer Data.

3.2 You grant us a limited licence to host, process and transmit Customer Data only as needed to provide the Service and as set out in the Data Processing Agreement (DPA).

4. Data protection roles

4.1 For personal data within Customer Data relating to your customers and contacts, you act as Data Controller and we act as Data Processor. Our processing is governed by the DPA and Subprocessor Schedule, which form part of these terms.

4.2 For personal data relating to your account, your staff users and your billing, we act as Data Controller — see our Privacy Policy.

5. Your responsibilities

You are responsible for:

• having a lawful basis for the personal data you put into the Service and obtaining any consents required (e.g. for marketing);
• your own compliance with UK GDPR, the Data Protection Act 2018 and PECR as Controller of your customer data;
• handling data subject requests from your own customers (we will assist as set out in the DPA);
• the accuracy and lawfulness of content you publish through the Service;
• keeping your login credentials secure and the acts of your users;
• complying with our Acceptable Use Policy.

6. Fees and payment

6.1 Subscription fees are billed in advance via GoCardless (Direct Debit) unless otherwise agreed. Fees are exclusive of VAT.

6.2 If payment fails, we may suspend the Service after notice. Suspension does not relieve you of accrued fees.

7. Security

7.1 We implement appropriate technical and organisational measures designed to protect Customer Data, including encryption in transit and at rest, role-based access control, logical separation between customers, audit logging and monitoring. These measures are intended to reduce risk but are subject to clause 7.2.

7.2 No guarantee. No internet-based service can be completely secure. We do not warrant or guarantee that the Service or Customer Data will be free from unauthorised access, loss or alteration, and we provide the security measures on a reasonable-efforts basis.

8. Multi-tenant architecture

The Service uses a multi-tenant architecture with logical segregation between customer environments. We design the platform to keep each customer's data separated, but we do not provide absolute guarantees of isolation.

9. Personal data breach notification

If we become aware of a personal data breach affecting your Customer Data, we will notify you without undue delay and provide the information required to help you meet your own notification obligations (further detail in the DPA).

10. Availability

We aim to keep the Service available but do not guarantee uninterrupted or error-free availability. The Service may be unavailable during maintenance, updates, or due to factors outside our reasonable control.

11. Sub-processors

You authorise us to engage sub-processors to provide the Service. The current list is in the Subprocessor Schedule. We may add or replace sub-processors and will give you reasonable prior notice of material changes, as set out in the DPA.

12. Limitation of liability

12.1 Nothing in these terms limits liability that cannot be limited by law (including for death or personal injury caused by negligence, or for fraud).

12.2 We are not liable for any of the following, whether direct or indirect: loss of profits, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings, loss or corruption of data beyond our breach of the DPA, or any indirect or consequential loss.

12.3 Liability cap. Subject to clause 12.1, our total aggregate liability arising out of or in connection with the Service in any 12-month period is limited to the total fees you paid to us in the 12 months preceding the event giving rise to the claim.

13. Term and termination

13.1 The subscription continues until terminated in line with your plan. Either party may terminate for material breach not remedied within 30 days of notice.

13.2 On termination: you may export your Customer Data (clause 14) during a 30-day export window. After that window we will delete Customer Data within a further reasonable period, subject to any legal retention requirement.

14. Data export

During your subscription and the 30-day post-termination window, you may export Customer Data in a common, machine-readable format.

15. Changes to these terms

We may update these terms; we will give reasonable notice of material changes. Continued use after changes take effect constitutes acceptance.

16. Governing law

These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

17. Contact

Flockstone Group Limited · contact@flockstone.co.uk · registered office as above.