Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY WHEN SIGNING UP FOR ANY SERVICE PROVIDED BY MaxAPEX.
By using our services, you are confirming to abide by all the terms and conditions mentioned here and agree that your services will be terminated immediately without any notice if any of the term/condition is violated.
1. Introduction
1.1. The Terms of Service [TOS] pertains to the web hosting services provided by MaxAPEX. The terms of service contained herein will govern the purchase and use of services offered by MaxAPEX.
1.2. In case you do not agree to the TOS, then you should not use services offered by MaxAPEX. If you had already purchased the services and do not agree the terms contained herein, you should immediately contact MaxAPEX and cancel the services.
1.3. If you use the services on behalf of another party, you agree that you are responsible to communicate the terms and conditions mentioned herein to the other party.
1.4. MaxAPEX shall not be held responsible for any damage caused by misinterpretation of terms of service contained herein.
1.5. MaxAPEX reserves the right to add, modify, or remove any or all features from any services, at any time, with or without notice. The changes can be made for any or no reason and MaxAPEX does not guarantee the availability of any feature, whether written or implied.
2. Ownership and Services Purchased
2.1. By purchasing or using the services offered by MaxAPEX, the customer [you] agree to all the provisions set forth in the TOS, and that you are above eighteen (18) years old and have the legal ability to enter in a web hosting contract with MaxAPEX.
2.2. You are responsible for providing accurate, complete, and current information when registering for the services of MaxAPEX. It is your responsibility to inform us in case of any change of information entered in the registration form when signing for services of MaxAPEX. MaxAPEX is not responsible for any lapse in the services including domain name registration due to outdated information associated with the domain name. If you want to modify the contact information, you must contact MaxAPEX through email.
2.3. You are required to provide accurate payment and credit card information. If necessary, you may be required to provide scanned copy of the credit card, identification cards, and other documents as deemed necessary by MaxAPEX for verification. Failure to comply with the requests will result in denial of services.
2.4. Any dedicated IP address provided by MaxAPEX shall be subject to IP justification. The justification process is subject to comply with American Registry for Internet Numbers (ARIN). We have the right to deny request for dedicated IP based on current IP utilization and insufficient justification.
2.5. You are responsible for all activities conducted under the username and password that is associated with your name. Moreover, you will take necessary steps to ensure that no one uses your username and password without your approval. You are required to inform MaxAPEX in case you believe that your assigned username and password has been used by another without your authorization.
2.6. Under no Circumstances shall MaxAPEX, including its officers, agents, or third parties involved in providing services through MaxAPEX, be liable for any direct, indirect, incidental, punitive, special, or consequential damages whatsoever caused due to in case of server failure, interruptions, slowdown, data loss due to, but not limited to, communication failure, acts of God, theft, destruction or unauthorized access of MaxAPEX’s software and hardware system.
3. Legal Compliance
3.1. MaxAPEX reserves the right to refuse service to anyone at any time. Any material that, in MaxAPEX’s judgment, is obscene, threatening, illegal, or violates terms of service contained herein may be removed from MaxAPEX’s servers (or otherwise disabled), with or without notice.
3.2. MaxAPEX’s servers should be used for legal and lawful purposes only. Data containing anything that violates, or helps in violating, any law or regulation is not permitted. Websites that engage in the promotion and sale of prescription medications, fraud schemes, piracy, or any other illegal activities, shall be removed from MaxAPEX’s servers (or otherwise disabled), with or without notice.
3.3. Data relating to any copyrighted materials, trademarks, intellectual property rights (without proper authorization), or any other kind of unlawful material is not allowed.
3.4. Adult contents, gambling (betting), or dating web sites are not allowed. Anything apropos the website that causes adverse impact on human health or character is prohibited including drugs, alcohol, and others.
3.5. Users that engage in any activity that results in breach or our network/server security will be instantly removed from MaxAPEX’s servers (or otherwise disabled), with or without notice. Unauthorized access, detection of system security/authentication measures, data or traffic or any kind of interference with the service, user, host, or network of MaxAPEX is not allowed.
3.6. MaxAPEX reserves the right to terminate services for any customer or end user activity that host, distribute, or link to tools or instructional materials on hacking/cracking, or other Illegal and malicious activity. Other activities that shall result in termination of services include, but is not limited to, faking an IP address, hostname, e-Mail Address, or header, spam causing blacklisting of an IP at www.spamhaus.org for malicious activity, storing any hacking/cracking/illegal/pirated software, Internet Relay Chat Server including IRC Scripts/Bots, any contents containing sensitive data such as credit card number), contents relating to support of terrorist activities.
3.7. MaxAPEX reserves the right to terminate any website consuming excessive amount of server resources causing performance issues. The users may be offered an option to the website owner to pay extra amount to continue using services of MaxAPEX.
3.8. MaxAPEX declares no warranties of any type whether expressed or implied for the services we provide. Moreover, MaxAPEX will not be responsible for any kind of damages whatsoever that you or your business may suffer either due to unavailability of our services or any other reasons.
3.9. MaxAPEX will be the sole arbitrator in case of any disputes relating to services of MaxAPEX.
4. Billing and Payment
4.1. MaxAPEX will automatically bill your payment method on file up to fifteen (15) days before to the due date. All fees are subject to change with thirty (30) days’ notice prior notice to you.
4.2. Your “Billing Term” is the period of time you have chosen to receive bills for the Services. The Billing Term can be monthly, quarterly, semi-annually or annually.
4.3. MaxAPEX screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screening is completed. In case your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. MaxAPEX has no liability for the failure to provide Services, including third party services, if your account fails its fraud screening.
4.4. Mentioned price is for pre-payment term only. MaxAPEX reserves the right to change the prices anytime without providing any advance notice.
4.5. The customer is responsible for all money owed from the time of account setup until the time of termination.
4.6. MaxAPEX is not responsible for any damages/loss of data stored on our servers as a result of suspension or termination for non-payment of your account. It is purely customer’s responsibility to take offsite backups and secure their data.
4.7. The fixed fees and/or rates applicable to any service are set out in the online order form for the service (the “fees”). Please note that the online order form may also set out a rate increase that will become effective upon the expiration of a promotional rate. Such an increase will happen without further notice to you.
4.8. You will pay any present or future sales, goods and services, excise, value-added, or other similar taxes including any related interest or penalties (imposed at any time by any governmental authority) arising from or related to any Services other than taxes based on MaxAPEX’s net income.
4.9. Payment for Hosting Services is in advance. When you order a Hosting Service, you are required to pay the full amount of Fees for the initial term and applicable taxes. When a Hosting Service renews, you are required to pay the full amount of Fees for the renewal term and applicable taxes. A Hosting Service renews when it has not been terminated by you prior to the last date of the initial term or any renewal term for which you have paid.
5. Late Payments
5.1. Any account not paid in full by the end of the first day of the Billing Term will be given a two (2) day grace period. If payment is not made within the two (2) day grace period, MaxAPEX reserves the right to suspend your Service(s) and to charge a late penalty. Three (3) days following suspension of Services for non-payment, MaxAPEX reserves the right to terminate Service(s) for non-payment.
5.2. MaxAPEX reserves the right to refuse to renew your Services until all outstanding invoice(s) have been paid in full.
6. Refund Policy
6.1. MaxAPEX offers a seven (7) day money back guarantee on all package plans. Prior to the seven (7) day money back guarantee period, purchased plans are eligible for an account credit in full. After seven (7) days have elapsed, no refunds are available for any reason, including, but not limited to dissatisfaction with the design process or dissatisfaction with the final product delivered to you. Charges for Domains, SSL Certificates, Dedicated IPs are not refundable.
6.2. Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund.
6.3. If you believe there is an error in MaxAPEX’s billing, you must contact MaxAPEX about it, in writing, within thirty (30) days of the date you are billed. MaxAPEX’s obligation to consider your claim is contingent on your providing it with sufficient facts for investigating the claims.
6.4. No refund will be paid in case the account is terminated due to violation of any policies/terms/conditions.
6.5. In case a customer has been provided a free domain, the amount refunded for money back guarantee will be after deducting $25 for the domain.
6.6. Free domains provided remain the property of MaxAPEX. However, if MaxAPEX desires it can transfer the domain ownership to the customer against a charge of $25.
6.7. Free domain can only be renewed if the customer renews the hosting service the domain is associated with.
6.8. MaxAPEX will not be responsible for loss/expiration of the Free/Paid domain even if the customer had paid for that.
7. Chargeback
7.1. If MaxAPEX receives a chargeback or payment dispute from a credit card company, bank, or PayPal your Services your account may be suspended after giving notice of five (5) days to appeal. A $50 chargeback fee (issued to recover compulsory fees passed on to MaxAPEX by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before the service is restored.
7.2. If MaxAPEX appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to MaxAPEX which will be credited to the Customer’s account.
8. Cancellation of Services
8.1. Both the party may terminate this Agreement by providing advance notice of seven (7) days to the other as provided herein.
8.2. You may cancel Service(s) with MaxAPEX by submitting a cancellation request form available in the Client Area. Cancellations are not final until confirmed by a representative of MaxAPEX in writing by email.
8.3. When upgrading or downgrading package(s), you are responsible for cancelling any previous package(s).
8.4. Cancellations must be requested 7 days or more before the Service’s renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.
9. Privacy
9.1. For the purposes of applicable data protection legislation, MaxAPEX will process any personal data you have provided to it in accordance Privacy Policy available on the MaxAPEX website or on request from MaxAPEX.
9.2. You agree that, if you have provided MaxAPEX with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to MaxAPEX and (2) that you have brought to the attention of any such third party the Privacy Notice available on the MaxAPEX’s website or otherwise provided a copy of it to the third party. You agree to indemnify MaxAPEX in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
9.3. In order to use the Services, you may need to grant MaxAPEX access to information that, directly or indirectly, either alone or in combination with other data, identifies or uniquely relates to an individual employed or otherwise retained by you or your agents or subcontractors or contractors.
9.4. You are responsible for compliance with all municipal, provincial, and federal laws or regulations in the area of protection of privacy and personal data including where you provide MaxAPEX with or put at MaxAPEX’s disposal Personal Data.
9.5. MaxAPEX Services are provided on the basis that you have obtained any required consents under applicable municipal, provincial and federal laws or regulations relating to data privacy legislation for collection, use, disclosure and processing to MaxAPEX of Personal Data.
9.6. If you give MaxAPEX access to any Personal Data, MaxAPEX shall be allowed to process Personal Data to perform the Services, and such processing shall adhere to the data privacy legislation applicable to the Services in the jurisdiction where the processing occurs.
9.7. You warrant that the transfer of Personal Data to MaxAPEX complies with all applicable laws and regulations on protection of Personal Data. If the processing of Personal Data by MaxAPEX is conducted in accordance with your instructions as agreed with MaxAPEX , you shall indemnify, defend and hold MaxAPEX harmless from and against any and all claims, liabilities, losses and reasonable expenses incurred by or asserted against MaxAPEX in connection with any third-party claim related to the processing of the Personal Data. You understand and accept that you bear the sole and full responsibility for the backup and redundancy of any Personal Data.
9.8. Insofar as we obtain the consent of the data subject for the processing of personal data, art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
9.9. In the processing of personal data required for the performance of a contract to which the data subject is a party, art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures. Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, art. 6 para. 1 lit. c GDPR serves as the legal basis.
9.10. In the event of the vital interests of the data subject or another natural person requiring the processing of personal data, article 6(1)(d) GDPR serves as the legal basis. If processing is necessary to safeguard a legitimate interest of MaxAPEX and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.
9.11. We may post your provided/submitted testimonials with your name and company name on our Websites/channels. We may also show your company name in our client list at our website and other marketing channels. If you don’t agree with this please let us know at sales@maxapex.com.
10. No Agency/Partnership Agreement
10.1. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
11. Force Majeure
11.1. Except for the obligation to pay monies due and owed, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labour disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control.