Web Hosting Agreement

Subject to the terms of this Agreement and on the customer meeting Brookland Interactive’s credit approval requirements, Brookland Interactive agrees to provide the customer with web hosting as described in the order, for the fees stated in the order.

Term

The term of the Web Hosting Agreement shall begin on the date that Brookland Interactive generates an order confirmation e-mail message to the Customer announcing the activation of the Customer's account and shall continue for the number of months stated in the order. No service shall commence until Brookland Interactive receives and accepts a completed order from the customer, including payment in full for services to be rendered during the initial term and any set up charges.

Upon expiration of the initial term, this Agreement shall automatically renew for successive terms of the same length as the initial term, unless Brookland Interactive or the Customer provides the other with written notice of non-renewal at least fourteen (14) days prior to the expiration of the current term.

Payments

Web hosting packages are billed on a monthly, annually or biennially cycle, as shown on the order. Payment is taken from either a credit/debit card or direct from the customer’s PayPal account.

The customer authorises Brookland Interactive to bill subsequent fees to the credit/debit card or PayPal account before, on or after the first day of each successive billing cycle during the term of this Agreement.

Payments must be made in Great British Pounds. The customer is responsible for providing Brookland Interactive with changes to billing information (such as credit card expiration, change in billing address).

All invoices are generated 14 days before the due payment date and payment must be received 28 days after the date of invoice. If payment has not been received in full 5 days after the due date, a 10% late fee will be charged and the account will be suspended.  If no payment has been made 30 days after the due date Brookland Interactive reserves the right to terminate the customer’s account.

Brookland Interactive may amend the services and/or the fees it charges for services by giving at least fourteen (14) days notice to the customer, and if the customer does not give a notice of non-renewal as provided above, the customer shall be deemed to have accepted the new fee and for any subsequent renewal terms (unless the fees are increased in the same manner for a subsequent renewal term).

Site Back Up

The customer agrees to maintain a current copy of all content hosted by Brookland Interactive unless an agreement is in place for Brookland Interactive to provide a backup service.

Law

The customer agrees to use the services in compliance with applicable law and Brookland Interactive’s Acceptable Usage Policy.

The customer agrees that Brookland Interactive may, in its reasonable commercial judgment consistent with industry standards, amend the Acceptable Usage Policy from time to time to further detail or describe reasonable restrictions and conditions on the customer's use of the services.

The customer agrees to cooperate with Brookland Interactive’s reasonable investigation of any suspected violation of the Acceptable User Policy.

Refunds

If you are not 100% happy with either our Unlimited Hosting or eShop package, you have the right to a full refund.

Please note that domain registration fees and setup fees are not refundable.

To action your refund, please send a ticket to our accounts department within the first 30 days of usage and Brookland Interactive will refund all hosting fees.

Refunds take place via BACS or PayPal and can take up to 30 days.

Chargebacks

If a customer requests a chargeback on a Brookland Interactive Unlimited Hosting or eShop account, the service will be cancelled and customers will no longer have access to control panels and any associated websites will be taken down.

If a customer requests a chargeback on a Brookland Interactive Domain Name the Domain Name will be banned and customers will no longer have access to control panels and any associated websites will be taken down.

To release a banned Domain Name a customer must pay a £50 release fee and sign an agreement preventing further chargebacks.

Indemnification

The customer agrees to indemnify, defend and hold Brookland Interactive and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any Brookland Interactive Party in connection with any use or alleged use of the Brookland Interactive website under your Member Name by any person, whether or not authorised by you or resulting from any communication made or content uploaded under your Member Name or any breach by you of this Agreement or the Acceptable Usage Policy. Brookland Interactive reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate with Brookland Interactive’s defence of such claim.

Disclaimer

The customer agrees to use all of Brookland Interactive’s services and any information obtained through or from Brookland Interactive at the customers own risk.

Brookland Interactive does not warrant or represent that the service will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law, Brookland Interactive disclaims any and all warranties.

Limitation of Damages

Neither party shall be liable to the other for any loss of profits or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with this Agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in this Agreement to the contrary, the maximum aggregate liability of Brookland Interactive and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by the customer for three months of service.

Governing Law

This agreement shall be governed by the laws of England and all claims concerning these agreements shall be brought exclusively in English courts located in England.

Force Majeure

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, failure of the Internet, breakdown of plant or machinery, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

If Brookland Interactive is prevented or delayed in the performance of any of its obligations under this Agreement by force majeure, it shall forthwith serve notice in writing to the customer specifying the nature and extent of the circumstances giving rise to force majeure. Brookland Interactive shall, subject to service of such notice, use all reasonable endeavours to bring the force majeure event to a close or to find a solution by which this Agreement may be performed despite the continuance of the force majeure event.

If Brookland Interactive is prevented from performance of its obligations for a continuous period in excess of three months, the customer may terminate this Agreement forthwith on service of written notice upon the party so prevented, in which case neither party shall have any liability to the other except that rights and liabilities which accrued prior to such termination shall continue to subsist.

Customer Information

By registering an account with Brookland Interactive, the customer agrees to have read and understood our Privacy Policy and agrees to the use of the data that we collect in accordance with our Privacy Policy.