Terms & Conditions

1.

Introduction.

All users ("user") of the services provided by BROOKMAN CONSULTING LTD accept the terms of business set out in the following service agreement form ("service agreement").  The service agreement applies to all modes and manners of ordering employed by the user when ordering the services.

Any subsequent variation or alteration to part or all of the service agreement will not invalidate the remainder or the whole.  Any alteration or addition to the services provided will be subject to a new order.

BROOKMAN CONSULTING LTD is entitled to suspend the service if the user does not adhere to some or all of the conditions set out in the service agreement.

"Services" refers to the services provided by BROOKMAN CONSULTING LTD, including virtual server provisions, web site hosting, domain name ordering and registration, and any other service/facility provided to the user

"Server" refers to the computer server equipment

"Contract" refers to the contract between BROOKMAN CONSULTING LTD and the user, and incorporates these conditions and the Virtual Server Order Form

"Charges" and "Fees" refers to the fees and charges agreed on the Virtual Server Order Form

"Equipment" refers to the equipment which is supplied by BROOKMAN CONSULTING LTD, or on behalf of BROOKMAN CONSULTING LTD, to the user, or placed at or on the server for the purpose of providing the services

"Internet" means the global data network comprising Internet connected networks using TCP/IP (Transmission Control Protocol/Intemet Protocol) Internet Standards means the protocols and standards defined in the following Internet documents: RFC 1009, 1122, 1123 and 1250 and any future such protocols and standards as appropriate

"User" refers to you the customer or any person who makes use of the services through you or on your behalf

"Minimum contract terms" refers to the minimum period of service.

Domain Name Registration:

No representation is made that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name or cancellation of the domain name by the relevant naming authority. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

We give no warranty that your domain name is or will continue to be available for your use or that no domain name is or will be registered which conflicts with your domain name or which otherwise affects your use of your domain name.

We shall not release any domain to another provider unless full payment for that domain has been received by us where domain name registration is not a standard feature of that particular service provided by BROOKMAN CONSULTING LTD.

Virtual Servers, Web Site Hosting and E-Mail:

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

Although a number of backup procedures are implemented on the server, as with all computer services you should effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.

You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.

In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

BROOKMAN CONSULTING LTD Service:

Connection to the BROOKMAN CONSULTING LTD Service is via a fixed telecommunications link or dial up connection. This Contract, unless specifically stated, does not include the provision of telecommunications services necessary for connection to the BROOKMAN CONSULTING LTD Service.

Requests relating to the provision of Service are, unless otherwise agreed to be made or confirmed in writing or by electronic mail.

BROOKMAN CONSULTING LTD will use all reasonable endeavours to adhere to any dates proposed by either BROOKMAN CONSULTING LTD or you for the provision of Service, however any such date is to be treated as an estimate only and BROOKMAN CONSULTING LTD accepts no liability for failure to meet such dates.

BROOKMAN CONSULTING LTD will use all reasonable endeavours to provide a reliable Service, however it is not practicable to provide such a Service free of faults and BROOKMAN CONSULTING LTD does not undertake to do so. In the event of a fault in Service, you must report the fault by telephone telefax or electronic mail to BROOKMAN CONSULTING LTD Technical Support at the appropriate numbers or addresses or other such numbers or addresses that BROOKMAN CONSULTING LTD may from time to time provide. Upon receipt of the fault report, BROOKMAN CONSULTING LTD will take all proper steps without undue delay to correct the fault. BROOKMAN CONSULTING LTD shall not, in any event, be liable for interruptions of Service or down-time of a Server.

BROOKMAN CONSULTING LTD undertakes to use reasonable endeavours to restore Service as soon as practicable after any such suspension.

Commencement, Minimum Period of Service and Cancellation:

The Service, unless otherwise agreed prior to order with BROOKMAN CONSULTING LTD, shall be provided for a minimum period of three months. The minimum period shall commence upon connection. Connection shall be deemed to be effected when the link is first live to the your Site or other such point as requested by you, to the BROOKMAN CONSULTING LTD network.

Where you wish to cancel the Virtual Server order, then, subject to the minimum period of service, BROOKMAN CONSULTING LTD shall provide a refund on prepaid amounts relating to future periods as yet unused as at the time of cancellation.  No refund is available on the aggregate amount of the initial set-up fee and the first three months.

Content and Misuse:

You will use all reasonable endeavours to ensure that the BROOKMAN CONSULTING LTD Service is used or includes content that conforms to the laws of the this country and will not knowingly permit any illegal use or such use that will bring BROOKMAN CONSULTING LTD into disrepute.

You must not, nor must any other person, use the Service to send or receive any material which is offensive, abusive, indecent, obscene or menacing; or in breach of confidence, copyright, privacy or any other rights; to cause annoyance, inconvenience or needless anxiety; or in breach of any provisions as contained within clauses 3 and 4 of this Contract; or other than in conformance with the acceptable use policies of any connected networks and the Internet standards.

BROOKMAN CONSULTING LTD may discontinue Service if after due warning the User continues to permit such illegal or disreputable use. If BROOKMAN CONSULTING LTD suspends service for contravention of the above conditions of this clause, BROOKMAN CONSULTING LTD can refuse to restore Service until it receives an acceptable assurance from the User that there will be no further contravention.

BROOKMAN CONSULTING LTD may charge fees for restoration of the Service.

Charges and Payment:

All payments must be in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £25.

All Charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site or on the Order Form and shall be due and payable within five working days of BROOKMAN CONSULTING sending you an invoice by e-mail, and at a later time at the discretion of BROOKMAN CONSULTING and agreed at the time of order.  Charges are exclusive of 'Value Added Tax' which shall, if applicable, be paid additionally by you at the rate prescribed by law on submission by us of a proper VAT invoice.

You acknowledge that our Services are provided using facilities provided to us by third parties; BROOKMAN CONSULTING LTD shall have the right, subject to 14 days prior written notice to you, to increase our Charges at any time during the minimum Contract term or the continuation of the Contract, whether to reflect increase costs to us from such third parties or otherwise. However, if such increase exceeds 10% of the Charge in question prior to such notice you shall be entitled to terminate this Contract by written notice to us given by you within 7 days after service of our notice of increase to you. If you do so terminate, you will remain liable for all Charges (at the previous rate) up to the date this Contract ends.

If payment is not received on or before the due date BROOKMAN CONSULTING LTD reserves the right to immediately withdraw, suspend or limit service and will charge the User a failure fee of 14% of the amount overdue per week.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

Default:

If you:
do not pay the charges in accordance with the provisions of clause 9 of this Contract, or break this Contract in any other way; or are subject to bankruptcy or insolvency proceedings, BROOKMAN CONSULTING LTD can (without prejudicing, losing or reducing any other right or remedy) suspend service, including partially, temporarily without notice, albeit the User remains liable to pay rental during the suspension, or terminate this Contract by immediate notice, without prejudice to BROOKMAN CONSULTING LTD's pre-existing rights.

Bankruptcy or insolvency proceeding means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure: or if the User is a company, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purpose of amalgamation or reconstruction) or having a receiver or administrative receiver of any assets appointed.

You continue to be liable to pay all charges which are due for Service during any period in which you do not comply with this Contract.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

If BROOKMAN CONSULTING LTD waives a breach of Contract by you, that waiver is limited to the particular breach. Any delay by BROOKMAN CONSULTING LTD in acting upon a breach is not to be regarded in itself as a waiver.

Severability.

THE REGISTRANT agrees that the terms of this REGISTRATION AGREEMENT are severable.  If any term or provision is declared invalid, it hall not affect the remaining terms or provisions which shall continue to be binding.

Entirety.

THE REGISTRANT agrees that this REGISTRATION AGREEMENT is the complete and exclusive agreement between THE REGISTRANT and BROOKMAN CONSULTING LTD regarding the registration of THE DOMAIN NAME of the THE REGISTRANT.  This REGISTRATION AGREEMENT supersede all prior areements and understandings, whether established by custom, practice, policy, or precedent.

Governing Law.

THE REGISRANT agrees that this REGISTRATION AGREEMENT shall be governed in all respects by and construed in accordance with English law.

This REGISTRATION AGREEMENT is applicable for BROOKMAN CONSULTING Virtual Servers and Domain Name Registration only.  By reading this REGISTRATION AGREEMENT for consideration and acceptance by BROOKMAN CONSULTING LTD, THE REGISTRANT agrees that he/she has read and agrees to be bound by 1 through 11 above.