Terms of Service

Last updated: 16 December 2024

12 min read

Summary

  • Use our services lawfully - Our website and services are for legitimate business use only
  • Clear service agreements - All services provided under written agreements with detailed terms
  • Your intellectual property is protected - Ownership rights clearly defined in service agreements
  • Limited liability - Our liability is capped and clearly defined to protect both parties

1. Introduction

Welcome to Marathon Limited. These Terms of Service ("Terms") govern your use of our website marathon.limited and the services we provide. By accessing or using our website and services, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree with these Terms, you must not use our website or services.

2. Definitions

  • "Company", "we", "our", or "us" refers to Marathon Limited, a company registered in England and Wales (Company Number: 14741245)
  • "Services" refers to all services provided by Marathon Limited, including but not limited to AI automation, web development, marketing automation, process optimisation, system integration, and strategic consulting
  • "Client", "you", or "your" refers to the individual or entity using our website or services
  • "Website" refers to marathon.limited and all associated pages and subdomains
  • "Agreement" refers to any formal service agreement entered into between you and Marathon Limited

3. Acceptance of Terms

By using our website or services, you confirm that:

  • You are at least 18 years old
  • You have the legal capacity to enter into binding contracts
  • If acting on behalf of a business, you have authority to bind that business to these Terms
  • All information you provide is accurate and complete

4. Use of Website

4.1 Permitted Use

You may use our website for lawful purposes only. You agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon our intellectual property rights or those of others
  • Transmit any harmful code, viruses, or malicious software
  • Attempt to gain unauthorised access to our systems or networks
  • Interfere with or disrupt the website or services
  • Use automated systems (bots, scrapers) without our written permission
  • Impersonate any person or entity
  • Collect or harvest personal data from other users

4.2 Account Security

If you create an account or access our booking system, you are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorised use

5. Services

5.1 Service Description

We provide professional services including:

  • AI Automation: Intelligent automation solutions for business processes
  • Web Development: Custom website and web application development
  • Marketing Automation: Automated marketing workflows and campaigns
  • Process Optimisation: Business process analysis and improvement
  • System Integration: Integration of business tools and platforms
  • Strategic Consulting: Expert guidance on AI adoption and digital transformation

5.2 Service Agreements

Specific services will be provided under separate written agreements that will include:

  • Detailed scope of work
  • Deliverables and timelines
  • Fees and payment terms
  • Specific terms and conditions for the engagement

In the event of any conflict between these Terms and a separate service agreement, the service agreement shall take precedence.

5.3 Discovery Calls

Discovery calls are provided free of charge to discuss your needs and potential solutions. No obligation to proceed with services arises from a discovery call.

6. Booking and Scheduling

6.1 Calendar Bookings

We use Cal.com for scheduling discovery calls and client sessions. By booking through our calendar:

  • You agree to provide accurate contact information
  • You confirm you have authority to book on behalf of your organisation (if applicable)
  • You understand that bookings may require email verification and approval
  • You agree to attend scheduled meetings or provide reasonable notice of cancellation

6.2 Cancellations and Rescheduling

We request at least 24 hours' notice for cancellations or rescheduling of discovery calls. For client sessions, cancellation policies will be specified in your service agreement.

7. Intellectual Property

7.1 Our Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, software, and code, is the property of Marathon Limited or our licensors and is protected by UK and international intellectual property laws.

You may not:

  • Copy, modify, distribute, or reproduce our content without written permission
  • Use our trademarks, logos, or branding without authorisation
  • Create derivative works based on our content
  • Remove or alter any copyright notices or proprietary markings

7.2 Client Intellectual Property

Ownership of intellectual property created during service engagements will be specified in the relevant service agreement. Typically:

  • You retain ownership of your pre-existing intellectual property and materials
  • Ownership of deliverables transfers to you upon full payment (unless otherwise specified)
  • We retain rights to our methodologies, tools, and pre-existing intellectual property
  • We may retain the right to showcase work in our portfolio (with your permission)

8. Confidentiality

We respect the confidentiality of information shared during service engagements. Both parties agree to:

  • Keep confidential information private
  • Use confidential information only for the purposes of the engagement
  • Not disclose confidential information to third parties without consent
  • Return or destroy confidential information upon request

Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Fees and Payment

9.1 Pricing

Service fees will be agreed upon in writing before work commences. Unless otherwise specified:

  • Prices are quoted in British Pounds (GBP)
  • Prices are exclusive of VAT (which will be added where applicable)
  • Prices are subject to change with reasonable notice

9.2 Payment Terms

Standard payment terms:

  • Invoices are payable within 14 days of issue unless otherwise agreed
  • Deposits may be required before work commences
  • We reserve the right to suspend services for non-payment
  • Late payments may incur interest charges as permitted by law

9.3 Refunds

Refund policies will be specified in individual service agreements. Generally:

  • Deposits are non-refundable once work has commenced
  • Refunds may be provided at our discretion for unused services
  • No refunds are provided for completed work

10. Warranties and Disclaimers

10.1 Service Warranties

We warrant that:

  • Services will be performed with reasonable skill and care
  • We have the right to provide the services
  • Services will comply with applicable laws and regulations

10.2 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our website and services are provided "as is" without warranties of any kind
  • We do not guarantee uninterrupted, timely, secure, or error-free services
  • We make no warranties about the accuracy or completeness of website content
  • We do not warrant that services will meet your specific requirements
  • We are not responsible for third-party services, content, or links

11. Limitation of Liability

11.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability for any claims arising from services shall not exceed the fees paid by you for those services in the 12 months preceding the claim
  • For use of the website without a service agreement, our liability shall not exceed £100

11.2 Exclusion of Consequential Damages

We shall not be liable for:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption
  • Loss of anticipated savings
  • Indirect, special, incidental, or consequential damages

11.3 Exceptions

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be excluded by UK law

12. Indemnification

You agree to indemnify and hold harmless Marathon Limited, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your breach of these Terms
  • Your violation of any laws or third-party rights
  • Your use of our services
  • Content or materials you provide to us

13. Term and Termination

13.1 Term

These Terms remain in effect while you use our website or services.

13.2 Termination

We may terminate or suspend your access to our website or services immediately, without notice, if:

  • You breach these Terms
  • We are required to do so by law
  • We cease operations

13.3 Effect of Termination

Upon termination:

  • Your right to use our website and services immediately ceases
  • Sections of these Terms that should survive (confidentiality, intellectual property, liability) remain in effect
  • You remain responsible for any outstanding payments

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

Any disputes arising from these Terms or use of our services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Dispute Resolution

In the event of a dispute:

  1. We encourage you to first contact us to seek an informal resolution
  2. If informal resolution fails, we may agree to mediation
  3. If mediation is unsuccessful or not pursued, disputes will be resolved through the courts of England and Wales

16. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

  • Acts of God (natural disasters, severe weather)
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Pandemics or epidemics
  • Strikes or labour disputes
  • Failures of third-party services or infrastructure
  • Cyber attacks or technical failures beyond our control

17. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with an updated "Last updated" date.

Material changes will be notified by:

  • Prominent notice on our website
  • Email notification to registered users (where applicable)

Your continued use of our website or services after changes constitutes acceptance of the modified Terms.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Marathon Limited regarding use of our website and services, superseding any prior agreements or understandings.

20. No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or our right to enforce it in the future.

21. Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to any successor or affiliate.

22. Third-Party Rights

These Terms do not create any rights enforceable by third parties under the Contracts (Rights of Third Parties) Act 1999.

23. Contact Information

If you have any questions about these Terms, please contact us:

Marathon Limited
Company Registration Number: 14741245
Registered Address: 128 City Road, London, EC1V 2NX, United Kingdom
Email: [email protected]
Website: marathon.limited

Please also review our related policies: