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.
• Resold Email means Microsoft 365 or Google Workspace mailboxes resold by us and hosted in the Customer’s own tenant.
• 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.
• Company registration: our CRO (Companies Registration Office) registration is in progress and the registration number will be published here once issued.
• 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.

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; and
• the Cookie Policy.

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 remainder of these Terms; then
5. the Privacy Policy.

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.

We can also resell you Microsoft 365 or Google Workspace mailboxes as Resold Email. See clause 8.

Our infrastructure runs in enterprise data centres in the Netherlands. Encrypted backups are stored within the EU/EEA only. We do not transfer your hosted Service data to third countries outside the EU/EEA. 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, access controls, and your own backups.
• We maintain the underlying platform, network and facilities, but we do not administer, monitor, patch or back up 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 measured, and the service credits available if we miss it.

Depending on the tier, our management typically includes provisioning and maintaining the underlying platform, proactive monitoring, 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. Uptime is measured by our monitoring systems; incidents are communicated on the Status Page.

8. Resold Email

Resold Email is Microsoft 365 or Google Workspace mailboxes that we resell to you. In this case we act as a reseller only. Important points:

• The mailboxes live in your own Microsoft 365 or Google Workspace tenant, not on Maxinodes infrastructure.
• Resold 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.
• Resold Email is not covered by our SLA and is not included in our EU/EEA backup commitment.
• Availability, data location, backups and support for the mailboxes are provided by Microsoft or Google under their terms, not by us.

We will help with provisioning, billing and first-line account questions, but 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, either monthly or annually, depending on the billing cycle you choose, through our billing portal (WHMCS) in the Client Area.

• VAT: our prices exclude VAT. Because we are not currently VAT-registered, no VAT is charged on our prices and no VAT is added to your invoices.
• Auto-renewal: plans renew automatically for further periods of the same length, at the then-current price, unless you cancel before the renewal date. We will normally invoice or attempt payment shortly before the start of each new period.
• 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. 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. We may also charge statutory late-payment interest where the law permits.

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 [email protected] 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.

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 the recurring fee for that Service within 30 days of your initial Order.

What is refundable: the recurring hosting fee for a first-time, eligible Self-Managed or Managed plan, within the 30-day window.

What is not refundable:

• Resold 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.

To claim, contact [email protected] or use the Client Area. Approved refunds under this guarantee are processed within approximately 14 days to your original payment method.

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 [email protected] 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 ([email protected]). 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.

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. 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.

For Self-Managed Services, you are responsible for taking and retaining your own backups; we do not back up self-managed environments on your behalf (see clause 6). For Managed Services, we maintain encrypted backups within the EU/EEA in accordance with the SLA.

After a Service ends, we keep your Content for a short retention window to give you time to retrieve a copy — ordinarily up to 14 days after termination — after which we delete it from active systems and, in due course, from backups in line with our backup-rotation cycle. You should export anything you need before the end of this window. Please request retrieval through your Client Area or at [email protected].

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 and at rest, access controls, multi-factor authentication, least-privilege access, monitoring and EU/EEA-only storage of backups — but 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 maintaining your own backups on Self-Managed Services); 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.

23. Complaints, notices & dispute resolution

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

Online Dispute Resolution. If you are a Consumer resident in the EU and we cannot resolve a dispute, you may submit it to the European Commission’s Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Using the ODR platform does not affect your right to take the matter to court.

Formal notices. Formal notices to us must be sent by email to [email protected] 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, 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. 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: [email protected].

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

Version 1.0 · Last updated June 16, 2026. We may update this document from time to time; the version in force is always the one published at this URL.