These “Terms and Conditions” (T’s and C’s) apply to the customer who has ordered any CatN cloud product and CatN Hosting. Combined with the “Acceptable Usage Policy” and “Service Level Agreement”, these documents form an agreement (“The Agreement”) with the customer.
If you have any questions about this agreement (“The Agreement”) please contact firstname.lastname@example.org.
CatN Hosting is a trading name and website owned and operated by Fubra Limited, a company registered in England and Wales No. 03967214 whose registered office, as well as trading and correspondence address, is Manor Coach House, Church Hill, Aldershot, Hampshire, GU12 4RQ.
By using this Site whether as a subscriber, a visitor or otherwise, or by using any of the Services contained within the Site including but not limited to logging in, accessing a webpage or performing a search you accept these terms and conditions of use.
Definitions and Terms of Contract
In these Terms and Conditions the following words and phrases will have the meanings set out below:
‘Account’ means the account opened in the name of the purchaser for the use of products or services supplied to the customer;
‘Content‘ means content, data, maps and information which form part of or are included in the Products, including without limitation, Content provided by Data Providers;
‘Supplier’ for the purposes of these conditions means CatN Hosting, a trading name of Fubra Ltd. May also be referred to as ‘we’ or ‘us’ or ‘CatN Hosting’.
‘Customer‘ means the party to which the goods are to be supplied or service rendered by the supplier. May also be referred to as the ‘User’; ‘Customer'; ‘you'; ‘client'; ‘user’ all refer to the contracting party or parties whose details appear on the Order Form;
‘Data Provider‘ means any third party supplier providing maps, data or information directly or indirectly to the Supplier.
‘Intellectual Property‘ means any patent, copyright, registered design rights, service marks, moral rights, data protection rights, know-how, trade mark or other intellectual property rights held by the Supplier or any Data Providers and contained in the Products;
‘Order Form‘ means any standard order form(s), in printed or electronic form, produced by or on behalf of the Supplier;
‘Reverse Engineer‘ means to dismantle a computer program, product or algorithm in order to determine how it works;
‘Product‘ or ‘Service’ means any product or service provided to Purchaser by Supplier or a Data Provider, pursuant to an Order Form, and includes the Content and any report, service, document, information or data contained in such product or service prepared solely for the purpose of evaluating a residential property for private residential use;
‘Customer‘ and all derivatives for example ‘you‘ means the contracting party or parties whose details appear on the Order Form;
‘Site‘ means any of the images, written material, databases or other material available at the internet address https://catn.com;
All copyright, database rights and other intellectual property rights in all the material which comprise the Service including but not limited to design, structure, layouts, graphical images and underlying software code (collectively the “Content”) belongs to and are vested in the Supplier. All rights are reserved, and are hereby asserted, except for the limited licensed rights expressly granted below.
The Customer acknowledges that, except as otherwise agreed between the parties in writing, copyright and all other intellectual property rights in the Service shall remain with CatN or third party owner of such rights. The Customer shall have and shall gain no rights of ownership therein.
1.1 Although portions of catn.com may be viewed by anyone who visits catn.com you will need to register as a subscriber in order to access some catn.com services.
1.2 You agree and warrant that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up to date at all times.
2 Password and Security
2.1 When you register to use a Service you will be asked to create a password. It is your responsibility to choose a secure password. You must keep this password strictly confidential and must not disclose it to or share it with anyone. YOU WILL BE RESPONSIBLE for all activities that occur under, through or by means of your password. If you know or suspect that someone else knows your password you should notify us immediately. CatN will not be responsible for any breach of confidentiality, unlawful act, violation of rights or any other act or event causing harm or loss by abuse or misuse of a password whether intended, negligent or inadvertent.
3 Electronic communications
3.1 By visiting catn.com or sending e-mails to us, you are communicating with us electronically. You thereby consent to receive e-mails from us electronically. We will communicate with you by posting notices on catn.com, sending e-mails or through social networking sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy the legal requirements that such communication be in writing and take legal effect from the time and date they are received whether or not opened or viewed at that time.
5 Your use of CatN Hosting
5.1 You alone are responsible for your use of CatN Hosting and the consequences of any such use. By using CatN Hosting you agree to comply with the following guidelines:
- Where the customer is an organisation, limited company or other legal entity, comprising one or more people, each person accessing catn.com must have a subscription if they require access to the service.
- You may not attempt to build a copy of our data or reverse engineer our processes except where explicitly permitted by us.
- You may use CatN Hosting and any printed reports, for your own research, study or other uses that do not infringe the copyright of CatN Hosting and our licensors.
- You may not publish or reproduce any part of the data or work derived from the data without our specific prior written permission. Such permission will either be clearly stated on catn.com or may be requested by post or email.
- CatN Hosting may not be used to send chain letters, junk mail, ‘spam’, and unsolicited material, solicitations (commercial or non-commercial).
- You must not use catn.com or any part of CatN Hosting in a way that might reasonably be expected to cause the same to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another’s computer.
6 Intellectual Property
6.1 catn.com, its contents, and all Rights therein are owned by CatN Hosting (and/or its licensors) and hereby asserted on behalf of Fubra Ltd. “Rights” means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) CatN Hosting is protected by Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms of Service and applicable copyright, trademark and other laws govern your use of such Rights.
6.2 You may view, print, download or temporarily store extracts from catn.com without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any CatN Hosting material or content. You acknowledge that you will not acquire any Rights by downloading or otherwise using any CatN Hosting content or materials.
6.3 By submitting content, which shall include your subscriber name, to any “public area” of catn.com, including message boards, forums, and contests, you grant CatN Hosting a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content.
6.4 By submitting content, you also warrant that you are entitled and have all necessary rights to grant the licences stated above. Subject to the foregoing, the owner of such content placed on catn.com retains any and all Rights that may exist in such content.
7 Data protection
7.1 The supplier may place information concerning the Customer on a computerised directory of internal use only. The supplier will never disclose a Customers details to any third party unless required to by law, unless specifically instructed to the contrary by the Customer.
7.2 In creating interfaces onto the World Wide Web, the supplier enables either unlimited or secure access to information contained within the Customer’s premises or computers. It is the responsibility of the Customer to define precisely the degree of security access to be enacted and the supplier denies all liability both legally and for consequential damages and all forms of economic loss should commercial loss or damage occur as a result of unauthorised access to the Customer’s computers.
8 Third party web sites, goods and services
8.1 catn.com provides links to third party web sites that are not affiliated with CatN Hosting (although CatN Hosting branding, advertisements or links may appear on these sites). We make no representations (express or implied) as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites, and no such representations should be inferred or construed whether from such provision or otherwise.
8.2 All matters concerning any goods and services that you purchase from a third party site, including, without limitation all contract terms are solely between you and the owner of that site and CatN Hosting will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against CatN Hosting with respect to any such sites. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this agreement.
8.3 CatN Hosting will not be liable for any indirect or economic or consequential loss of any sort
9 Disclaimer of warranties and limitation of liability
9.1 CatN Hosting Service is provided on an “as is” and “as available” basis except where explicitly stated. CatN Hosting expressly disclaims all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
9.2 You understand and agree that CatN Hosting does not warrant or guarantee the accuracy or completeness of any information in or provided in connection with CatN Hosting. CatN Hosting is not responsible for any errors or omissions or for the results obtained from the use of such information and you are advised to rely on your own enquiries and independent verification.
9.3 Data and information in or provided in connection with CatN Hosting should not be relied upon for any commercial or business transaction or investment or for any similar purpose. CatN Hosting strongly advises you to seek appropriate professional advice before entering into any such transaction. Any information is of a general nature and may not necessarily be suitable for any individual purpose and should not be taken or construed as financial or legal advice or recommendation to any particular individual.
9.4 CatN Hosting shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on catn.com. Your use of any CatN Hosting service is solely at your own risk. No advice or information, whether oral or written, obtained by you from CatN Hosting or through CatN Hosting shall create any warranty not expressly made in these terms of service or imposed by law.
10 Application performance
10.1 The Supplier shall use its best endeavours to offer services as agreed to be purchased by the Customer and shall offer a warranty as described herein. The supplier warrants that the product delivered to the Customer shall perform according to the logical structure, which enables the processes therein to function correctly. However the supplier denies all liability for the timely operation of the product when used within an Internet environment, where the Customer or third party is providing the computer equipment upon which the product is to reside or depend upon for any part of its functionality.
10.2 By confirmation of contract with the supplier, the Customer specifically confirms his understanding that the timely operation of the Internet and world wide web is governed by constraints and circumstances beyond the control of either party, and that the supplier is not liable for perceived slow operation of a service provided to the Customer, and accepts that from time to time the supplier may offer advice upon amendments which may become necessary to improve the perceived speed of operation.
11 Subscriptions and refunds
11.1 Subscriptions are for the period stated or any part thereof and commence immediately on activation of registration or receipt of payment. No refund will be given for the cancellation or termination of a subscription. Refunds for a period following account suspension will be issued at CatN Hosting’s sole discretion.
11.2 Due to the digital nature of the subscriptions no automatic right of refund or cancellation exists after a subscription has been purchased by you in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000.
11.3 CatN may refund subscriptions in the form of Service Credit only usable with your account and non-exchangeable for common currency, for the whole or part of the billing cycle at their sole discretion. The exercise of such discretion is arbitrary and shall not establish precedent with regard to a specific customer or any customer.
11.4 You agree that Fubra Ltd trading as CatN Hosting will be permitted to charge your credit card on a monthly basis in advance of providing its services or as needed for prepayments. The subscription fee will be billed in full on the first day of registration and monthly thereafter (Unless promotional free periods apply)where you subscription started on 31st January your next billing date would be 28th February.
11.5 CatN Hosting is not responsible for any additional bank charges or fees resulting from the use of your credit card.
11.6 We do not give pro-rated refunds for unused time, if cancellation is initiated in the middle of a billing cycle.
11.7 We reserve the right to change our fees but will notify you in advance of any such changes. All charges are non refundable unless expressly stated otherwise.
11.8 You agree that, except as otherwise expressly provided in the terms and conditions, there shall be no third party beneficiaries to your account with CatN.
11.9 Following a cancellation request the Service will expire on the next billing anniversary where any additional charges outside of the Service subscription will be charged to your Credit Card.
11.10 If payment cannot be taken on the billing anniversary a payment failed notice will be issued requesting immediate payment. If payment cannot be taken within 48 hours of the payment failure notice being issued a termination notice will be issued requesting payment within 24 hours. If payment is not made within 24 hours of the termination notice your subscription will be cancelled and any stored data may be deleted at CatN Hosting’s sole discretion. In the case of you defaulting on a payment, CatN Hosting will pursue any outstanding payments and damages as a legal claim.
12 Termination & remedies for breach of terms by you
12.1 In the event of a Serious Breach by you of any of the terms set out in this Agreement CatN Hosting will be entitled to terminate your subscription and/or deny you access to catn.com without notice. Serious breach may include, but is not restricted to any of the following:
- Attempting a ‘Denial of Service’ attack.
- Hacking or attempting to break the security of the site.
- The use the services in a way which threatens or disrupts the service.
- We determine there is evidence of fraud with respect to your account.
- The use of CatN Hosting Service for illegal purposes or which infringes other third party rights.
- If you are in default of payment.
- You become insolvent, subject to a bankruptcy order, or make composition or enter into an arrangement with your creditors.
We may attempt to contact you to resolve any issue however we reserve the right to terminate any service at our discretion.
12.2 CatN Hosting will be entitled to restrict, suspend or terminate your subscription or deny you access to catn.com or take such other action as CatN Hosting deems appropriate if CatN Hosting determines that you are in breach any of the Terms of Service or CatN Hosting considers in that your use of catn.com is inappropriate or otherwise unacceptable.
12.3 The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which CatN Hosting may have against you in respect of your breach of these Terms of Service.
12.4 CatN Hosting shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as CatN Hosting in its sole discretion considers reasonably necessary or appropriate.
13 Force Majeure
Neither party is liable for delay in meeting its obligations due to any cause outside its reasonable control including Acts of God, riot, war, malicious acts of damage, fires, floods, electricity supply failure, Government authority.
14.1 The Purchaser will place an order for a service or product by providing the information required on the Order Form or other information required by the Supplier (or its distributor). The Purchaser will pay the Supplier or the Supplier’s distributor (as directed by the Supplier) the charge for the Product by credit/debit card at the time of order unless terms are otherwise agreed in writing.
15 Trademark notice
CatN, CatN Hosting and the catn.com logo are trademarks of Fubra Ltd.
You agree to indemnify and hold each of CatN Hosting, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your use of CatN Hosting, the violation of these Terms of Service by you, or the infringement by you, or any other person, of your account, or of any intellectual property or other right of any other person or entity.
17 Interpretation and jurisdiction
These items shall be construed in accordance with English law and the supplier and the Customer shall submit to the Jurisdiction of the English Courts. Should contradiction occur or be implied with the laws of the European Community, then the parties agree to be bound by the findings of the higher court as shall be defined in statute at the time in English law. Except as provided for herein, and other than where the Customer is a consumer as defined in the Unfair Contract Terms Act 1977, all conditions and warranties in respect of sales by the supplier whether express or implied by common law or by the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982 are excluded to the fullest extent permitted by law and the Customers’ attention is drawn to this clause.
Should any provision of these terms be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision’s intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of these terms shall not constitute or be construed as a waiver of such provision or the right to enforce the provision.
19 Absence of waiver
Any failure or delay by us to enforce strict performance by you of any of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver to any extent of our rights.
20 Right to assign
CatN Hosting may assign its rights and obligations under these Terms of Service and upon such assignment CatN Hosting shall be relieved of any further obligation under these Terms of Service.
21 Entire agreement
Last updated: 7th June 2013