Terms of Service

1. Definitions

In these Terms, the following capitalised terms have the meanings set out below. The same defined terms are used consistently across our Acceptable Use Policy, SLA, Data Processing Agreement, Privacy Policy and Cookie Policy.

• Maxinodes, we, us or our means Maxinodes Ltd.
• Customer, you or your means the person or entity that orders the Services.
• Consumer means an individual acting wholly or mainly outside their trade, business, craft or profession.
• Business Customer means any Customer that is not a Consumer.
• Services means the hosting and related services we provide, comprising Self-Managed Services and Managed Services.
• Self-Managed Services means our self-managed hosting plans (Lite, Plus and Pro).
• Managed Services means our managed hosting plans (Starter, Growth, Business and Enterprise), operated by us.
• Hosted Mailboxes means the mailboxes for the Customer’s domains that are included with a Self-Managed or Managed Service and hosted on our servers as part of that Service.
• Managed Email means Microsoft 365 or Google Workspace mailboxes on a subscription taken out in the Customer’s name, which we arrange, pay for and administer on the Customer’s behalf.
• Order means the Customer’s order for Services placed through the Client Area.
• Client Area means the account portal at my.maxinodes.com.
• Status Page means status.maxinodes.com.
• Content or Customer Data means the data the Customer stores on, or transmits through, the Services.
• AUP means the Acceptable Use Policy. SLA means the Service Level Agreement. DPA means the Data Processing Agreement.

Headings are for convenience only and do not affect interpretation. References to a clause are references to a clause of these Terms. The words “including”, “include” and “in particular” are illustrative and do not limit the words that precede them.

2. About us & these Terms

The Services are provided by Maxinodes Ltd, a private company limited by shares, registered in Ireland.

• Registered office: 1 Ballycoolin Road, Dublin 15, Ireland.
• VAT: we are not currently VAT-registered, so no VAT is charged on our prices.

You can reach the right team using our role inboxes (all at maxinodes.com): hello for general enquiries, support for technical and account matters, billing for invoices, credits and refunds, privacy for data-protection questions, abuse for acceptable-use reports, and press for media.

Support requests, abuse reports and privacy correspondence are received and handled on a helpdesk platform operated by Zendesk, Inc. (United States); your hosted websites and data are not sent there and are served directly from our servers in the Netherlands. See our Privacy Policy and our Subprocessors page. billing@maxinodes.com is the one role address that reaches us directly rather than through the helpdesk.

These Terms form a legally binding contract between you and us. By placing an Order, or by accessing or using the Services, you agree to these Terms and to the documents incorporated by reference in clause 3. If you do not agree, you must not order or use the Services.

3. Documents that form your agreement & order of precedence

These Terms apply to all Services unless a product-specific clause in these Terms expressly says otherwise. Together with the documents listed below, they form the whole agreement between you and us for the Services.

The following documents are incorporated into and form part of your agreement by reference:

• the Acceptable Use Policy (AUP);
• the Service Level Agreement (SLA), which applies to Managed Services;
• the Data Processing Agreement (DPA), which governs our processing of personal data on your behalf;
• the Privacy Policy;
• the Cookie Policy; and
• the Subprocessors page, which names the providers we use to deliver the Services and carries the notice and objection rights described in clause 7 of the DPA.

If there is a conflict between these documents, the following order of precedence applies, from highest to lowest, but only to the extent of the conflict:

1. any Order Form signed by both you and us (for example, a negotiated Enterprise agreement);
2. the applicable product-specific clause of these Terms;
3. the SLA and the DPA;
4. the AUP;
5. the remainder of these Terms; then
6. the Privacy Policy, the Cookie Policy and the Subprocessors page.

Nothing in this order of precedence overrides your mandatory statutory rights as a Consumer, or any term that the law requires to take priority.

4. Placing an Order & when the contract forms

You place an Order by selecting a plan and completing checkout in our cart at https://my.maxinodes.com/cart.php, which forms part of the Client Area. The presentation of plans and prices is an invitation to order and is not itself a binding offer.

A binding contract forms when we accept your Order — which we do by confirming the Order and provisioning (activating) the Service, whichever happens first. If we are unable to accept your Order, we will tell you and will not charge you; where we have already taken payment, we will refund it.

The contract may be concluded in English or Russian. Before you confirm, the checkout flow lets you review your selections and correct input errors — please check your Order carefully and amend anything that is wrong before submitting it.

We keep the text of your contract (these Terms and your Order details) accessible to you in your Client Area so that you can review it, in line with our obligations under the European Communities (Directive 2000/31/EC) Regulations 2003 (the eCommerce Regulations).

5. The Services

We provide two categories of hosting Service:

• Self-Managed Services — self-managed hosting in three tiers (Lite, Plus and Pro). You have full control of the environment and run it yourself. See clause 6.
• Managed Services — hosting in four tiers (Starter, Growth, Business and Enterprise) that we operate and support for you, backed by the SLA. See clause 7.

Our hosting plans include Hosted Mailboxes on our servers (see clause 8.1). We can also arrange and run Microsoft 365 or Google Workspace mailboxes for you as Managed Email (see clause 8.2).

Our infrastructure runs in enterprise data centres in the Netherlands. The websites and databases you host with us are served directly from there and do not pass through any content-delivery network, and the mail in your Hosted Mailboxes is stored there too. Our backups are stored within the EU/EEA, encrypted at rest (AES-256) by the storage provider. Some of what we need in order to run the business around that platform is not in the EEA: our helpdesk — which handles tickets, live chat and support email — is provided by a company in the United States, and our own websites, including the Client Area, are fronted by Microsoft’s global edge network, which sees the IP address and request details of everyone who visits them. Email sent from your Hosted Mailboxes and from your websites also leaves the EEA: it is delivered to its recipients through a third-party filtering relay, operated by a company in Canada on infrastructure in the United States. Our Privacy Policy and Subprocessors page name each recipient and the transfer safeguard relied on. The specific tiers, resources and inclusions of each plan are described on our pricing page and in your Order.

6. Self-Managed Services — self-managed

Self-Managed Services (Lite, Plus and Pro) are self-managed. This means:

• You have full and sole administrative control of your Self-Managed environment.
• You are solely responsible for the operating system, applications and software you install, your configuration, your security and security patching, and access controls. Platform-level backups are included with your plan as described in clause 15, and you remain responsible for keeping your own independent copies of anything you cannot afford to lose.
• We maintain the underlying platform, network and facilities, and we take the platform-level backups included with your plan (see clause 15), but we do not administer, monitor or patch your Self-Managed environment for you.

Self-Managed Services are provided on a best-effort basis. They are not covered by the SLA and carry no uptime guarantee and no service credits. If you need an operated, SLA-backed environment, choose a Managed Service.

7. Managed Services

Managed Services (Starter, Growth, Business and Enterprise) are operated by us and are covered by the SLA, which sets out our uptime commitment, how downtime is assessed, and the service credits available if we miss it.

Depending on the tier, our management typically includes provisioning and maintaining the underlying platform, automated availability checks on our platform, applying platform and security updates, performing and storing encrypted backups within the EU/EEA, and providing technical support. The exact inclusions for each tier are set out on our pricing page and in your Order. How availability is assessed when you claim a service credit is set out in clause 2 of the SLA; incidents are communicated on the Status Page.

8. Email

We provide email in two ways. Hosted Mailboxes are included with your hosting plan and run on our servers (clause 8.1). Managed Email is Microsoft 365 or Google Workspace, which we arrange and run for you in your own tenant when you need what those services add, such as shared calendars, Teams and shared drives (clause 8.2).

8.1 Hosted Mailboxes

Our hosting plans include Hosted Mailboxes: mailboxes for your domains, hosted on our servers in the Netherlands and used over IMAP, POP3 or webmail. They are part of the hosting Service they come with, not a separate product, so they start and end with that Service. In particular:

• Limits. The number of mailboxes and the maximum size of each mailbox for your plan are shown on our pricing page, in our Help Centre and in your Order. Mailboxes have no storage allowance of their own: the mail in them shares, and counts towards, your plan’s storage.
• Full mailboxes. When a mailbox reaches its maximum size, or your plan’s storage is full, new messages to it are refused and returned to their senders until space is freed. We do not add storage, or charge you for extra storage, automatically.
• Sending. The hourly sending limit for each domain and the rules on bulk email are set out in the AUP. Outgoing email, from your Hosted Mailboxes and from your websites, is checked for spam on our servers and then delivered through a third-party filtering relay named on our Subprocessors page; messages identified as spam or malware may be held back or refused.
• Incoming email. Connections from known spam sources are refused. Other incoming mail is scored automatically on our servers, and messages scored as spam are filed into the mailbox’s Junk folder rather than deleted. Automated filtering cannot be perfect: some unwanted mail may reach the inbox, and some wanted mail may be filed as Junk.
• Backups. The mail in your Hosted Mailboxes is included in the platform-level backups of your hosting account described in clause 15.
• Moving your mail to us. We help you move existing mailboxes and mail into Hosted Mailboxes at no extra charge.
• Your data. You are the controller of the personal data in your Hosted Mailboxes, and we process it on your behalf, as your processor, under the DPA.
• Suspension and termination. What happens to your Hosted Mailboxes and the mail in them when a Service is suspended or ends is set out in clauses 14 and 15.

On Self-Managed Services, Hosted Mailboxes are provided on the same best-effort basis as the rest of the Service (clause 6). On Managed Services, the extent to which the SLA covers them is set out in the SLA.

8.2 Managed Email

Managed Email is Microsoft 365 or Google Workspace mailboxes that we arrange and run for you. Our role is that of agent and administrator: the subscription is taken out in your name with Microsoft or Google, we buy it on your behalf and recover from you what we paid for it, and we hold an ordinary administrator account on your tenant so that we can administer it for you. You can remove that access at any time. We are not the controller or the processor of the mail inside those mailboxes. Important points:

• The mailboxes live in your own Microsoft 365 or Google Workspace tenant, not on Maxinodes infrastructure.
• Managed Email is governed by Microsoft’s or Google’s own terms of service, data processing agreements and service level agreements, which apply directly to you. You should review them.
• Managed Email is not covered by our SLA and is not included in our EU/EEA backup commitment.
• Availability, data location and backups for the mailboxes are provided by Microsoft or Google under their terms, not by us.

Where you order the seats through us we administer the account for you — creating and changing mailboxes, resetting passwords and troubleshooting delivery — alongside arranging, paying for and billing the subscription. What you pay for Managed Email is therefore two things: the subscription cost we have paid to Microsoft or Google on your behalf, recharged to you at what we paid with no mark-up, and our management fee for arranging and administering it, at the rate shown on our pricing page and in your Order. We are not responsible for the availability or performance of the underlying Microsoft or Google service.

9. Fees, payment & renewals

Fees are charged in euro and are billed in advance on the billing cycle you choose — monthly, 12 months or 24 months — through our billing portal (WHMCS) in the Client Area. The cycles available for a plan, and the price of each, are shown on the order form before you confirm. To change a plan or a billing cycle later, write to billing@maxinodes.com or open a request in our Help Centre; any credit or charge for the change is worked out from what you actually paid for your current term. For a 12 or 24-month term, the order form also shows any first-term price, the total you pay for the first term, and the renewal price.

• VAT: our prices exclude VAT. Because we are not currently VAT-registered, no VAT is charged on our prices and we add no VAT of our own to your invoices. Where, under clause 8.2, we recover from you a subscription we bought on your behalf, we recover what we actually paid, including any VAT Microsoft or Google charged on it — that is their tax on a subscription in your name, not ours, and it is shown separately.
• First-term price and renewal price: a new Order for a plan on a 12 or 24-month term may be priced at a discount for that first term (the first-term price, also called an introductory price). Before you confirm, the order form shows the first-term price, the total you pay for the first term, and the price at which the plan will renew (the renewal price, shown as “Renews at”). A first-term price is available on new Orders only, once per Customer. It never applies to monthly billing, to upgrades or downgrades, or to a switch from monthly billing to a longer term. After the first term, the plan renews for a term of the same length at the renewal price.
• Free first-year domain: the Self-Managed Pro, Managed Growth and Managed Business plans, ordered on a 12 or 24-month term, include the registration of one domain ending in .com, .eu, .de, .org or .net free of charge for its first year. The domain is not free on monthly billing. It renews every year at that domain’s standard price shown when you order, so on a 24-month plan the domain’s first renewal falls at month 12, before the plan itself renews. If the plan is refunded under the 30-day money-back guarantee in clause 11, the domain’s regular price is deducted from the refund, and the domain stays registered to you for the rest of its first year.
• Auto-renewal and how renewals are paid: plans renew automatically for further periods of the same length unless you cancel before the renewal date. A plan renews at the renewal price shown in your Order and in any renewal notice we send you (for a monthly plan, its monthly price). We will not charge you a higher renewal price than the one shown in your Order unless we have told you about it at least 30 days before it applies, and you can cancel free of charge before it does. About 14 days before the start of each new period we raise a renewal invoice and send it to the email address on your account. That invoice is then paid in one of three ways: you pay it yourself; it settles from account credit you have already added; or, while automatic card payment (below) is on, we charge your saved card. We charge a saved card only while automatic payment is on. It is turned on when you pay a new Order by card after agreeing to it at checkout, or when you turn it on in the Client Area; it then covers all the Services and domains on your account and stays on until it is turned off as described below. Keeping the email address on your account current is how you keep control of renewals, and a renewal invoice that is not paid is dealt with under “Late or non-payment” below.
• Renewal notice: if a renewal of a Service or domain will cost more than the last amount you paid for it — for example the first renewal after a first-term price, or the first renewal of a free first-year domain — we email you at least 30 days before the renewal date. The notice states the new amount and how to cancel before the renewal date and, for a plan, the term, whether automatic payment is on, and how to switch to monthly billing. It comes in addition to the renewal invoice.
• Switching to monthly billing: a plan on a 12 or 24-month term can move to monthly billing from its renewal date. To ask for this, email billing@maxinodes.com or raise a request in our Help Centre at support.maxinodes.com before the renewal date. The plan then renews month by month at its monthly price.
• Automatic card payment:
  • How it starts. When you, as the account owner, place a new Order on our checkout and pay it by card, the card is saved by our payment provider, Whop, and automatic payment is turned on for your account. Before you pay, the checkout shows, above the box you tick to accept these Terms, the amount due today, the amount and interval at which each plan and domain in the Order will renew (including how long any first-term price lasts), when your card will be charged and how to turn automatic payment off. Automatic payment covers the renewals of every Service and domain on your account, so if you already have others with us, the checkout lists them too, with their renewal amounts and next due dates. That box states that the card you pay with is saved and charged for renewals as shown, and ticking it is your agreement to this. You then enter the card in Whop’s card form on our payment page, which shows the same terms again; your bank may ask you to confirm the payment. A card is saved for automatic payment only when the checkout has shown you these terms and that statement; if it did not, no card is saved for automatic payment. The card is saved by Whop, not by us: we keep only Whop’s reference to it, with the card’s brand, last four digits and expiry date. If automatic payment is already on, the card you pay with replaces the saved one. If you pay an Order by PayPal, iDEAL, Bancontact, SEPA Direct Debit, bank transfer or cryptocurrency, nothing is saved; unless automatic payment is already on for your account, you then pay each renewal invoice yourself. Where we offer it for your account, the account owner can also turn automatic payment on at any time in the Client Area, under Billing → Automatic payment, by ticking a box that states exactly what you authorise and then saving a card on Whop’s payment page, where your bank may ask you to confirm.
  • What is charged. Only renewal invoices, for all the Services and domains on your account (including ones you add later, however you paid for them), for the amount shown on each invoice. New Orders (including add-ons you order later), upgrades, account credit you add and any other invoice are never charged automatically; you pay those yourself.
  • When. Each renewal invoice is emailed to you about 14 days before its due date. While automatic payment is on, that email is also your notice of the coming charge: it states the amount and the date your card will be charged. The card is charged a few days before the invoice falls due (currently three days before the due date), as the checkout and the Client Area state. If the amount differs from the last amount you paid for that Service or domain, we email you again shortly before the charge; a renewal that costs more than you last paid also gets the renewal notice described above, at least 30 days ahead. If your card has been charged for a renewal and you cancel that Service or domain before the invoice’s due date, we refund that renewal in full.
  • If a charge does not go through. We email you, and you can pay the invoice yourself in the usual way. If the decline looks temporary, we try once more two days later, still before the due date. If your bank asks you to confirm a payment, we email you a secure link to do so, valid for 72 hours. An invoice still unpaid after its due date is dealt with under “Late or non-payment” below.
  • Turning it off. You can turn automatic payment off at any time in the Client Area, under Billing → Automatic payment. That removes the saved card, and we start no further charges; you then pay each renewal invoice yourself until you turn automatic payment on again. We also turn it off, and tell you, if the saved card can no longer be charged or if a payment on your account is disputed. To use a different card, pay a new Order with it, which then replaces the saved card as described above, or turn automatic payment off and then on again with the new card. Whop may keep a card you have paid with in your own Whop account, under its own terms, but we charge a saved card only while automatic payment is on.
  • While automatic payment is on, you can still pay any renewal invoice yourself, and an invoice that is already paid is not charged.
• Cancellation: you can cancel renewal yourself at any time using the cancellation function in your Client Area. Cancellation takes effect at the end of the current paid period, and you keep access until then. If you cancel before the renewal date, you do not have to pay the renewal invoice for the period you cancelled, and a renewal already charged by automatic payment is refunded as described above. What happens to your Content when the Service ends, including the mail in your Hosted Mailboxes, is set out in clause 15; please move or export anything you need before the cancellation date. This clause 9 is without prejudice to your separate cancellation and refund rights in clauses 10 and 11.
• Late or non-payment: if a payment is overdue, we will notify you and give you at least 7 days to bring the account up to date. If the invoice remains unpaid after that notice period, we may suspend the affected Service in line with clause 14, which also explains what suspension means for your Hosted Mailboxes. We may also charge statutory late-payment interest where the law permits.
• Reversed payments and chargebacks: if a payment you have made is later reversed — by a chargeback, a PayPal dispute, a direct-debit return or any similar mechanism — the invoice it paid returns to unpaid, and we deal with it under “Late or non-payment” above rather than as a separate charge to you. We add no chargeback fee. If something has gone wrong with an order, please email billing@maxinodes.com first: we can usually resolve it faster than your bank can, and a dispute raised before you have spoken to us can suspend a live website while it is investigated. Nothing in this clause affects your statutory rights, your right to cancel under clause 10, or our money-back guarantee under clause 11.

10. Your right to cancel — Consumers (statutory 14 days)

This clause sets out the statutory right of withdrawal that the law gives you if you are a Consumer. It is a legal right, separate from and additional to our commercial 30-day money-back guarantee in clause 11. Nothing in clause 11, and nothing else in these Terms, limits or replaces this statutory right.

If you are a Consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day the contract is concluded.

How to exercise the right. To exercise the right to withdraw, you must tell us of your decision by a clear statement. You can:

• use our Model Withdrawal Form; or
• use the cancellation function in your Client Area; or
• send a clear statement by email to support@maxinodes.com or by post to Maxinodes Ltd, 1 Ballycoolin Road, Dublin 15, Ireland.

To meet the withdrawal deadline, it is enough that you send your communication about exercising the right before the 14-day period expires. If you withdraw, we will reimburse all payments received from you for the cancelled Service, without undue delay and no later than 14 days after the day we are informed of your decision, using the same means of payment you used, unless you expressly agree otherwise; you will not incur any fees as a result of the reimbursement, subject to the pro-rata charge below.

Where you paid by card, or by another means on our checkout that can carry a refund back to it, we reimburse you using that same means of payment and nothing further is needed from you. Where the means of payment you used cannot carry a reimbursement back to you — which is the position if you paid in cryptocurrency — we will ask you to agree an alternative expressly, and clause 11 describes how that works in practice. Your right to be reimbursed, and the 14-day deadline for it, are not affected.

Immediate performance and what it means for the refund. Hosting is normally provided to you immediately, before the 14 days are up. Because of this, at checkout we ask you to:

• expressly consent to us beginning to provide the Service during the 14-day withdrawal period; and
• acknowledge that you will lose the right of withdrawal once the Service has been fully performed.

If you ask us to start the Service during the withdrawal period and then withdraw before it is fully performed, you must pay a pro-rata amount for the part of the Service actually provided up to the point you told us you were withdrawing, calculated in proportion to the full contract price. We will refund the balance.

11. 30-day money-back guarantee

Separately from, and in addition to, the statutory rights in clause 10, we offer a 30-day money-back guarantee as a commercial promise. This guarantee is more generous than the statutory right because it gives you longer to change your mind, but it does not replace, reduce or limit the statutory 14-day right of withdrawal in clause 10 — if you are a Consumer, clause 10 always applies in full regardless of this guarantee.

Under the guarantee, if you are not satisfied with an eligible Service, you can request a refund of what you paid for that Service’s first term within 30 days of your initial Order.

What is refundable: what you paid for the first term of a first-time, eligible Self-Managed or Managed plan, within the 30-day window. That includes a first-term price and the full prepayment for a 12 or 24-month term. Where a free first-year domain was registered with the plan under clause 9, the domain’s regular price is deducted from the refund, and the domain stays registered to you for the rest of its first year.

What is not refundable:

• Managed Email (Microsoft 365 or Google Workspace mailboxes), which is non-refundable once provisioned;
• any other third-party items, licences or one-off charges purchased through us; and
• renewals, where the guarantee applies to your initial Order only.

How to claim. Email billing@maxinodes.com within the 30 days, telling us the Service and the date you ordered. That address reaches us directly rather than through our third-party helpdesk, which is why we ask you to use it. It is not the only valid route, though: a request raised in our Help Centre at support.maxinodes.com, or any other clear written statement that reaches us in time, counts just as well, and we will pass it to the right place ourselves. We will not refuse a claim because of the route it arrived by — what matters is that you tell us within the 30 days.

How an approved refund is paid. We process approved refunds within approximately 14 days. The amount is the euro amount you were invoiced — our invoices are denominated in euro, so that euro figure is what the refund is worked out from. Where the way you paid can carry a refund back to you — a card payment, and the other card-network and bank methods on our checkout — that is how we return it, to the same means of payment. Where it cannot, we agree the return with you instead, and that is the position if you paid in cryptocurrency, because a cryptocurrency payment cannot be reversed the way a card payment can. In that case, before anything is sent, we confirm with you the euro amount you are owed, the wallet address it is going to, and the amount of cryptocurrency we will send; if you would rather have the money as account credit, we can do that instead, but only if you ask us to. That euro amount is converted into cryptocurrency at the point we send it, and rates move in the meantime, so the quantity you receive back will not usually match the quantity you sent — it may be more, it may be less. What does not move is the euro figure: we do not reduce the euro amount you are owed because the market has moved. After it reaches you, what that cryptocurrency is worth rises and falls as it would for anything else you hold. None of this changes how quickly you are paid, and none of it affects your statutory rights under clause 10.

12. Your responsibilities & account security

You agree to:

• provide accurate, current and complete account and billing details, and keep them up to date in the Client Area;
• keep your login credentials confidential, use the security features we make available (such as multi-factor authentication), and tell us promptly at support@maxinodes.com if you suspect unauthorised access;
• use the Services lawfully and in accordance with the AUP; and
• be responsible for everything done under your account and for the acts and omissions of any users, administrators or third parties to whom you give access.

For Self-Managed Services in particular, security of the environment you operate is your responsibility as set out in clause 6.

13. Acceptable use

Your use of the Services is governed by our Acceptable Use Policy, which is incorporated into this agreement. The AUP describes the activities and content that are prohibited and how to report abuse (abuse@maxinodes.com). You must comply with the AUP at all times and ensure your users do too.

14. Suspension & termination

Our right to suspend or terminate. We may suspend or terminate a Service where:

• you materially breach these Terms or the AUP and, where the breach can be remedied, fail to remedy it within a reasonable period after we ask you to;
• an invoice remains unpaid after the notice period in clause 9; or
• we are required to do so by law, or to protect the security, integrity or lawful operation of our platform or other customers.

Wherever practical we will give you advance notice and an opportunity to put things right. We may act without prior notice only where the matter is urgent — for example where there is a serious security threat, ongoing harm to others, or unlawful content or activity — in which case we will tell you as soon as we reasonably can. Any suspension will be limited to what is reasonably necessary and proportionate, and, for Consumers, we will follow a proportionate, notice-based process before terminating except where the law or an urgent risk requires immediate action.

What suspension means for your email. While a Service is suspended, its websites are offline and its Hosted Mailboxes are locked: nobody can log in to them, including through webmail, or send email from them. Email sent to them is not delivered during the suspension: it is held and delivery is retried for about 4 days, after which it is returned to its senders. If the Service is restored within that time, for example because the overdue invoice is paid, the held email is delivered, and the mail already in your mailboxes is not affected. The same applies to the suspension that starts the 14-day retention window in clause 15.

Your right to terminate. You may cancel renewal at any time as described in clause 9, and you may exercise any cancellation or refund rights under clauses 10 and 11. You may also terminate if we materially breach these Terms and do not remedy the breach within a reasonable period after you notify us.

Effect of termination. On termination, your right to use the affected Service ends. Fees already due remain payable, and you will be charged for any usage up to the termination date. Clause 15 governs what happens to your Content, including the mail in your Hosted Mailboxes. Clauses that by their nature should survive termination (for example clauses 1, 15, 16, 19, 20, 24 and 25) continue to apply.

15. Your Content & backups on termination

You own your Content and Customer Data. We claim no ownership of it.

We take automated platform-level backups of your hosting account on both Self-Managed and Managed Services. They run to a schedule, include the mail in your Hosted Mailboxes, and are stored within the EU/EEA, encrypted at rest (AES-256) by the storage provider. The backup frequency and the retention period included with each plan are set out on our pricing page and in your Order; on Self-Managed Services an optional paid add-on extends the retention period. For Managed Services, these backups also form part of what we operate for you under the SLA.

These backups do not replace your own. We do not warrant that any particular backup will exist, be complete or be restorable, and nothing in this clause sets a time within which a restore will be carried out. You remain responsible for keeping your own independent copies of your Content, and on Self-Managed Services you remain responsible for the environment itself as described in clause 6. This paragraph is subject to clause 17: if you are a Consumer, it does not limit your mandatory statutory rights.

When a Service is cancelled or terminated, we do not delete it straight away. On the date the cancellation or termination takes effect — the end of the paid period if you cancel in the ordinary way, or within a day of your request if you ask for the Service to end immediately — the Service is suspended as described in clause 14: its websites go offline, its Hosted Mailboxes are locked, and email sent to them is held and retried for about 4 days and then returned to its senders. We then keep your Content, including the files, databases and all the mail in your Hosted Mailboxes, for a retention window of 14 days from that date, to give you time to retrieve it. Within that window you can ask us for a copy of your Content or, unless we terminated the Service because of your breach of these Terms or the AUP, to restore the Service. When the window ends, we permanently delete the account and everything in it from active systems and, in due course, from backups in line with our backup-rotation cycle. Please move or export anything you need, and in particular your email, before the cancellation date: after the 14 days we cannot promise to recover it. Please ask for a copy or a restore by email to support@maxinodes.com, or through our Help Centre at support.maxinodes.com.

Our handling and deletion of personal data within your Content, including on termination, is governed by the DPA.

16. Intellectual property

You retain all intellectual property rights in your Content. You grant us a non-exclusive, worldwide licence to host, store, copy, transmit and display your Content solely to the extent necessary to provide and support the Services and to comply with the law. This licence ends when your Content is deleted in accordance with clause 15, except for copies we are required to retain by law.

We (and our licensors) retain all intellectual property rights in our platform, software, infrastructure, documentation, the “Maxinodes” name and our branding. Nothing in these Terms transfers any of those rights to you; you receive only the right to use the Services during your subscription in accordance with this agreement.

17. Your statutory rights as a Consumer

If you are a Consumer, the law gives you rights that these Terms do not, and cannot, take away. In particular, the Services must conform to the contract — they must be of the description, quality and functionality agreed and be supplied with reasonable skill and care.

Nothing in these Terms affects your mandatory statutory rights as a Consumer, including your rights under the Consumer Rights Act 2022 and other Irish consumer-protection law implementing the EU rules on the supply of digital content and digital services. We do not exclude or limit our liability for the Services failing to conform to the contract, and we do not exclude or limit any remedy the law gives you for non-conformity. Where any provision of these Terms would conflict with those mandatory rights, your statutory rights prevail.

18. Disclaimers

For Managed Services, we provide the warranties and commitments set out in these Terms and the SLA, and we will provide the Services with reasonable skill and care. Apart from those, and to the extent permitted by law, we do not give other warranties about the Services.

Self-Managed Services are self-managed and are provided on a best-effort basis “as is” and “as available”, to the fullest extent permitted by law, without an SLA or service credits.

We do not warrant that the Services will be uninterrupted or entirely error-free, or that they are fit for a particular purpose you have not told us about. We take reasonable security measures, including encryption in transit, access controls, multi-factor authentication, least-privilege access, monitoring, and backups that are stored within the EU/EEA and encrypted at rest (AES-256) by the storage provider. We should be plain about the limit of that: the disks in our servers are not themselves encrypted, so live data at rest is protected by logical isolation, filesystem permissions and access control rather than by full-disk encryption. No hosting service can be guaranteed to be completely secure.

This clause 18 is expressly subject to clause 17: if you are a Consumer, none of these disclaimers limits your mandatory statutory rights.

19. Limitation of liability

What we never exclude. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for our gross negligence or wilful default, or for any other liability that cannot be excluded or limited under applicable law.

If you are a Consumer. Our liability to you is limited only to the extent the law allows, and your mandatory statutory rights (including those in clause 17) are preserved in full. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or failing to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable.

If you are a Business Customer. Subject to the paragraph “What we never exclude” above:

• we are not liable for any indirect or consequential loss, or for loss of profits, revenue, business, goodwill, anticipated savings, or loss of or damage to data (and you remain responsible for keeping your own independent copies of your data, as described in clause 15); and
• our total aggregate liability arising out of or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is capped at the greater of (a) the total fees you paid us for the affected Service in the 12 months before the event giving rise to the claim, or (b) €100.

20. Indemnity

If you are a Business Customer, you will indemnify and hold us harmless against all losses, liabilities, damages, costs and reasonable legal expenses we incur arising out of or in connection with your Content, your use of the Services in breach of this agreement, your breach of the AUP, or your unlawful or infringing acts or omissions (including any third-party claim that your Content infringes their rights). We will notify you of any such claim, give you reasonable conduct of the defence in cooperation with us, and not settle without your consent (not to be unreasonably withheld).

If you are a Consumer, this indemnity does not apply. You remain responsible for your own Content and for using the Services lawfully, but your liability to us is limited to losses that are a reasonably foreseeable consequence of your breach, and nothing in this clause affects your statutory rights.

21. Force majeure

We are not liable for any failure or delay in performing our obligations to the extent it is caused by events beyond our reasonable control, including epidemics or pandemics, war, terrorism, civil unrest, government action, fire, flood and other acts of God, failure of the energy grid or other utilities, and large-scale internet, network or upstream-provider failures. If such an event occurs, we will take reasonable steps to mitigate its effects and resume performance as soon as reasonably practicable. This clause does not affect your statutory rights as a Consumer, or your right to a refund for Services not provided.

22. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes to the Services, the law, or our business. The version in force is always the one published at this URL, with the version label and date shown above and below.

Where a change is material, we will give you reasonable advance notice — normally at least 30 days — by email or through the Client Area before it takes effect. If you continue to use the Services after the notice period, you are taken to have accepted the change. If you are a Consumer and a change materially and adversely affects you, you may terminate the affected Service before the change takes effect, and we will refund any fees you have paid for the unused period.

What changed in this version. Version 1.8, published on September 21, 2026, changes how renewals are paid when you order by card. Clause 9 and the summary at the top of this page used to say that payment is automatic only if you turn it on. Now, when you pay a new Order by card after agreeing to it on our checkout, the card is saved by our payment provider, Whop, and automatic payment is turned on for your account, so the renewal invoices of all your Services and domains are charged to that card; if automatic payment is already on, the new card replaces the saved one. Before you pay, the checkout shows the renewal terms above the box you tick to accept these Terms, including the renewals of any other Services and domains you already have, and that box now says that the card is saved and charged for renewals. Paying by PayPal, iDEAL, Bancontact, SEPA Direct Debit, bank transfer or cryptocurrency saves nothing. Clause 9 also now says that each renewal invoice is emailed about 14 days before its due date and, while automatic payment is on, is your notice of the coming charge; that a temporary decline is retried two days later; and that the link to confirm a payment your bank asks about is valid for 72 hours. What automatic payment covers (renewal invoices only), the full refund if you cancel before the due date, and how to turn it off do not change, and neither do our prices. If you already have a plan, nothing changes for it unless you turn automatic payment on yourself or pay a new order by card after agreeing to it at checkout, which turns it on for every plan and domain on your account. Version 1.7, published on September 19, 2026, covers the mailboxes that come with every hosting plan. Clause 8 is now in two parts: clause 8.1 describes Hosted Mailboxes, the mailboxes on our servers that are included with your plan (their limits, what happens when one is full, how email is sent and filtered, and who is responsible for the personal data in them), and clause 8.2 keeps the description of Managed Email unchanged. Clause 1 defines Hosted Mailboxes. Clause 5 and the summary at the top of this page now mention them, and list among the providers outside the EEA the relay that delivers the email you send. Clause 14 now explains what suspension means for your mailboxes, and clause 9 points to it and to clause 15. Clause 15 now sets out step by step what happens when a Service ends: it is suspended on the date the cancellation or termination takes effect; we keep your Content, including your mail, for 14 days, during which we can give you a copy or restore the Service; and then we delete it. Clauses 5, 15 and 18 now say that backups are encrypted at rest (AES-256) by the storage provider; they used to say that backups were encrypted on our own hardware before leaving it. What you pay does not change. Version 1.6, published on September 17, 2026, prepares these Terms for 12 and 24-month plans that start at a discounted first-term price. Clause 9 now lists the billing cycles we sell (monthly, 12 months and 24 months; three-year billing is no longer offered); explains first-term and renewal prices and who can get a first-term price; says a plan renews at the renewal price shown in your Order, where it used to say at whatever price applied at the time, and that a higher renewal price needs at least 30 days’ notice and a free right to cancel; promises a renewal notice at least 30 days before any renewal that costs more than you last paid; explains how to switch to monthly billing; and sets out the free first-year domain on Pro, Growth and Business. Automatic payment now compares the amount with the last amount you paid, and a renewal charged automatically is refunded in full if you cancel before its due date. Clause 11 now refunds what you paid for your first term, less the regular price of a free domain where one was registered. Clause 24 now names the United Kingdom alongside the EU/EEA. If you already have a plan, the amount it renews at does not change. Version 1.5, published on September 16, 2026, adds optional automatic card payment. Clause 9 and the summary at the top of this page used to say that we never charge you automatically. They now describe automatic payment, which you can turn on in the Client Area: what it covers (renewal invoices only), when your card is charged, what happens if a charge does not go through, and how to turn it off. Nothing changes for you unless you turn it on. Version 1.4, published on August 31, 2026, renames Resold Email to Managed Email and restates clause 8 to describe how the service actually works. The Microsoft 365 or Google Workspace subscription is taken out in your name; we arrange it, pay for it on your behalf and recover from you what we paid, rather than reselling you a licence of our own. Our access to your tenant is an ordinary administrator account that you can remove at any time, not “delegated administrative access”. Your mailboxes always lived in your own tenant and that has not changed; this version makes the rest of the description accurate, and the same correction is made in the Privacy Policy, the DPA, the SLA, the AUP, the Subprocessors page and the Imprint. Version 1.3, published on August 29, 2026, corrects two things. Clauses 6, 15 and 19 previously said that we do not back up Self-Managed environments; in fact we take automated platform-level backups on both Self-Managed and Managed Services, and those clauses now say so while keeping your own responsibility for independent copies. Clause 7 no longer states that uptime is measured by our monitoring systems; how availability is assessed when you claim a service credit is now set out in clause 2 of the SLA. Version 1.2, published on August 28, 2026, added the reversed-payments and chargebacks provision in clause 9. Version 1.1, published on August 7, 2026, recorded four infrastructure changes and the transfers that follow from them: authoritative DNS for customer domains moved to an EU provider on July 26, 2026; our own websites and the Client Area were placed behind Microsoft’s global edge network and our corporate DNS moved to Azure DNS on August 4, 2026; and support moved from our own self-hosted helpdesk to Zendesk, Inc. in the United States on August 6, 2026. Customer websites were not affected by any of them and are still served directly from our servers in the Netherlands. The full record is in the change history on our Subprocessors page.

23. Complaints, notices & dispute resolution

Complaints. If something is wrong, please tell us first — most issues are resolved quickly. Contact support@maxinodes.com for technical or account complaints and billing@maxinodes.com for invoicing, credits or refunds. We will acknowledge your complaint and work with you in good faith to resolve it.

Alternative dispute resolution. If you are a Consumer and we cannot resolve a dispute between us, you may be able to use an alternative dispute resolution body. The European Commission’s Online Dispute Resolution (ODR) platform, to which an earlier version of these Terms pointed, closed on 20 July 2025 and is no longer available. The Commission publishes a list of national consumer dispute-resolution bodies at consumer-redress.ec.europa.eu/dispute-resolution-bodies, and the European Consumer Centre Ireland (eccireland.ie) can assist with cross-border disputes. Using alternative dispute resolution does not affect your right to take the matter to court.

Formal notices. Formal notices to us must be sent by email to support@maxinodes.com and, where a written notice is required, also by post to Maxinodes Ltd, 1 Ballycoolin Road, Dublin 15, Ireland. We will give you formal notices by email to the address on your account or through the Client Area. Notices are treated as received on the next business day after sending by email, or two business days after posting.

24. Governing law & jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or the Services are governed by the laws of Ireland.

The Irish courts have jurisdiction to settle any dispute. If you are a Consumer, this jurisdiction is non-exclusive: you keep the right to bring proceedings in, and the protection of the mandatory consumer-protection laws of, your own country of residence in the EU/EEA or the United Kingdom, and nothing in these Terms deprives you of those rights. If you are a Business Customer, the Irish courts have exclusive jurisdiction.

25. General

• Assignment. You may not assign or transfer your rights or obligations under this agreement without our prior written consent. We may assign or transfer ours to a successor in connection with a reorganisation, merger or sale, provided this does not reduce your rights; if you are a Consumer and this materially and adversely affects you, you may terminate.
• Subcontracting. We may use subcontractors and subprocessors to provide the Services and remain responsible for their performance. Our processing subprocessors are listed in our Subprocessors list.
• Severability. If any provision is found to be invalid or unenforceable, the rest of the agreement continues in effect, and the invalid provision is modified to the minimum extent necessary to make it valid while preserving its intent.
• Waiver. If we do not enforce a right or term, that is not a waiver of it, and we may still enforce it later.
• No partnership or agency. Except as expressly provided in clause 8.2 (Managed Email), where we act as your agent to procure a subscription in your name, nothing in this agreement creates a partnership, joint venture, agency or employment relationship between us.
• Entire agreement. This agreement, together with the documents incorporated by reference in clause 3 and your Order, is the entire agreement between us for the Services and supersedes any prior discussions. This does not limit liability for fraud or fraudulent misrepresentation.
• No third-party rights. A person who is not a party to this agreement has no right to enforce any of its terms.
• Survival. Clauses that by their nature are intended to survive termination — including clauses 1, 15, 16, 19, 20, 24 and this clause 25 — continue in force after the agreement ends.

Contact

Questions about these Terms: support@maxinodes.com.

By post: Maxinodes Ltd, 1 Ballycoolin Road, Dublin 15, Ireland.

Mail sent to that address reaches our own Microsoft 365 tenant in the EU and is then forwarded into our helpdesk platform, operated by Zendesk, Inc., a Delaware corporation established in the United States. Your message, anything attached to it and our correspondence about it are stored there. Our account data is currently held in its Europe (Ireland) region, but we have no contractual commitment to that region, and the provider and its named United States sub-processors can reach that data from the United States — so it is processed outside the EEA. If you would rather your message did not pass through a third-party helpdesk — for example because it includes identity documents, or because it names someone else — write to us by post at the address above, or email billing@maxinodes.com, which reaches us directly.

Version 1.8 · Last updated September 21, 2026. We may update this document from time to time; the version in force is always the one published at this URL.