Acceptance of Terms
By accessing or using any services provided by Katon Technologies Ltd. (“Katon,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use our services.
These Terms apply to all users of our services, including but not limited to mobile applications, web platforms, APIs, and consulting services.
Website as a Service plans and Katon Funnel plans are supplied to you for the purposes of your trade, business, craft or profession. By entering into a plan you confirm that you are acting in the course of a business and not as a consumer, and that the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to that plan.
Intellectual Property Rights
5.1 Our intellectual property
All content, features, and functionality of our services, including but not limited to software, text, graphics, logos, icons, images, audio clips, and trademarks, are owned by Katon Technologies Ltd. or our licensors and are protected by United Kingdom and international copyright, trademark, and other intellectual property laws.
5.2 Limited license
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your personal or internal business purposes, subject to these Terms.
5.3 User content
You retain ownership of any content you submit, post, or display through our services (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content solely for the purpose of providing and improving our services.
Payment and Billing
6.1 Fees
Certain services may require payment of fees. You agree to pay all applicable fees as described at the time of purchase. All fees are non-refundable except where these Terms expressly provide otherwise. Clause 6.6 sets out the thirty-day money-back guarantee that applies to Website as a Service plans.
6.2 Subscription services
For subscription-based services, you authorize us to charge your payment method on a recurring basis, in advance, for each billing period. Where your plan carries a minimum term under clause 6.4, you may still end it before that term is complete, and if you do the early termination charge in clause 6.5 becomes payable unless one of the exceptions in clause 6.6 applies. Where no minimum term applies, or where the minimum term has ended, you may cancel at any time and the cancellation takes effect at the end of the current billing period.
6.3 Price changes
We reserve the right to change our pricing at any time. We will provide you with reasonable notice of any price changes, and changes will not affect your current billing period. A price change does not affect the monthly fee for a plan that is within its minimum term. That fee is fixed for the duration of the term.
6.4 Plan length and minimum term
Clauses 6.4 to 6.8 apply to Website as a Service plans only. Other services, including Katon Funnel plans, carry no minimum term and are governed by clauses 6.1 to 6.3 and section 7.
Website as a Service is sold on three plan lengths: a 24-month plan, a 12-month plan, and a plan with no fixed length. The plan and the plan length that apply to you are those set out in the proposal or order confirmation that we issue and you accept in writing (the “Order”). The Order forms part of these Terms, and where the two conflict the Order prevails.
A 24-month plan and a 12-month plan each carry a minimum term of that number of months. The minimum term begins on the date your site goes live, not on the date you accept the Order. A plan with no fixed length carries no minimum term.
Your monthly fee, the setup fee for your plan length, and the billing currency are stated in the Order.
You may move to a higher plan at any time, and the change takes effect immediately at the higher monthly fee. Moving to a lower plan within a minimum term requires a new Order, because the setup fee for your plan length was priced against the plan you chose.
6.5 Setup fee and early termination charge
The setup fee pays for the design, build and launch of your site. We publish a different setup fee for each plan length of the same plan. The setup fee on a 24-month plan is nil, and on a 12-month plan it is reduced, because in each case we recover the remainder of that cost through the monthly fee across the minimum term instead of charging it before launch.
If your plan ends before the end of its minimum term, for any reason other than one listed in clause 6.6, you agree to pay us an early termination charge. That charge is the setup discount you received, reduced in proportion to the part of the minimum term you have completed, and is calculated as D × (M − N) ÷ M, where:
- D is the difference between the setup fee we publish for the same plan with no fixed length and the setup fee stated in your Order
- M is the number of months in your minimum term
- N is the number of complete months of the minimum term for which you have paid
The charge can never exceed D, and is nil once you have completed the minimum term. We will invoice it within 30 days of your plan ending, and it is payable within 30 days of the invoice date, plus VAT where applicable.
By way of example, on a Business plan with a 24-month minimum term, where the setup fee with no fixed length is GBP 1,690 and the setup fee on the 24-month plan is nil, a client whose plan ends after six complete months pays GBP 1,690 × 18 ÷ 24, which is GBP 1,267.50 plus VAT.
This charge represents the part of your setup cost that we have already incurred and have not yet recovered. It does not include the monthly fees you would have paid over the remainder of the term, and we will not charge you those.
6.6 Thirty-day money-back guarantee
If you tell us within 30 days of your site going live that you do not wish to continue, we will end your plan and refund everything you have paid us under it, including any setup fee, and no early termination charge is payable. You do not need to give a reason and there is no form to complete. An email to contact@katontechnologies.com is enough. This clause is an express exception to clause 6.1.
No early termination charge is payable either where we terminate your plan for any reason other than your breach of these Terms, where we materially breach these Terms and fail to remedy that breach within 30 days of your written notice, or where we discontinue the service.
6.7 After the minimum term
When a minimum term ends, your plan continues at the same monthly fee on a rolling monthly basis, with no new minimum term and no further setup fee. You may cancel a rolling plan by giving us 30 days’ written notice, and the cancellation takes effect at the end of the billing period in which that notice expires.
6.8 What remains yours
- Your domain is registered in your name and remains yours whether or not you continue with us.
- After 24 continuous months of paid subscription, we will on request provide you with a copy of the finished site at no charge, for you to host wherever you choose.
- The text, images and other material you supply to us remain yours at all times, and we will return a copy on request when your plan ends.
- On Business and Growth plans we provide a monthly report of the enquiries your site received and of how your three nearest competitors are performing.
Term and Termination
7.1 Term
These Terms remain in effect while you use our services.
7.2 Termination by you
You may terminate your account at any time by contacting us at contact@katontechnologies.com or through your account settings. Where your plan is within a minimum term under clause 6.4, ending it before that term is complete triggers the early termination charge in clause 6.5, unless one of the exceptions in clause 6.6 applies.
7.3 Termination by us
We may suspend or terminate your access to our services immediately, and without notice, where you are in breach of these Terms, where payment due to us is overdue, or where we are required to do so by law.
In any other case we will give you at least 30 days’ written notice before terminating your service. We will not shorten that notice while your Website as a Service plan is within a minimum term under clause 6.4.
Where we terminate under the preceding paragraph, no early termination charge is payable under clause 6.5, we will refund any fees you have already paid that relate to a period after the termination takes effect, and clause 6.8 continues to apply.
7.4 Effect of termination
Upon termination, your right to use our services will cease. Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, and limitations of liability.
We will keep your account and the material you supplied to us for 30 days after termination, so that you can exercise your rights under clause 6.8. After that period we may delete them. Where we suspend or terminate immediately under clause 7.3, that 30-day period runs from the date of termination in the same way.
Disclaimers and Limitations of Liability
8.1 Service provided “as is”
Our services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that our services will be uninterrupted, error-free, or secure.
8.2 Limitation of liability
To the maximum extent permitted by law, Katon Technologies Ltd. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your access to or use of (or inability to access or use) our services
- Any conduct or content of any third party on our services
- Unauthorized access, use, or alteration of your content or data
8.3 Maximum liability
Our total liability to you for all claims arising out of or relating to these Terms or our services shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or £100, whichever is greater.
Indemnification
You agree to indemnify, defend, and hold harmless Katon Technologies Ltd., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:
- Your access to or use of our services
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights