Last revised: 15 May 2026
These Terms of Service (“Agreement”) govern the use of services provided by Maxa Cloud Ltd, a company registered in Ireland (Company No. 745321), trading as HostMaxa (“we”, “us”, or “our”), with registered office at Unit 2, 2 Bridge Street, Athlone, Co. Westmeath, Ireland N37 F1W4.
This Agreement is entered into between HostMaxa and the individual or legal entity purchasing or using HostMaxa services (“Customer”, “Client”, or “you”).
By ordering, registering, or using any HostMaxa service, you confirm that you have read, understood, and agree to be bound by this Agreement and the accompanying Acceptable Usage Policy and Privacy Policy, each of which are incorporated herein by reference. This Agreement constitutes an electronic contract in accordance with the Electronic Commerce Act 2000 (Ireland) and S.I. No. 68 of 2003 (European Communities (Directive 2000/31/EC) Regulations 2003).
Contents
- Definitions
- Account registration and responsibility
- Billing and payment
- Cancellation and refunds
- Consumer right of withdrawal (EU)
- Service terms and uptime
- Support
- Domain names
- Cloud VPS and servers
- Acceptable use
- Content monitoring and suspension
- Right to refuse, suspend, or terminate
- Customer conduct
- Fraudulent activity
- Privacy and data protection
- Disclaimer of warranties
- Limitation of liability
- Indemnity
- Force majeure
- Complaints
- Modifications to this agreement
- General provisions
- Governing law and jurisdiction
1. Definitions
For the purposes of this Agreement:
- “Account” means the customer account created for accessing HostMaxa services via the client area.
- “Service Commencement Date” means the date HostMaxa sends confirmation of account or service activation.
- “Initial Term” means the service period specified at the time of purchase (monthly or annual).
- “Renewal Term” means each successive period following the Initial Term of equal duration, unless cancelled in accordance with Section 4.
- “Services” means web hosting, WordPress hosting, cloud VPS, dedicated servers, domain registration, business email hosting, AI website builder, SSL certificates, and any related support services provided by HostMaxa.
- “Shared Hosting” means any hosting service where compute resources are shared among multiple customers and are subject to usage limits as set out in the Acceptable Use Policy.
- “Acceptable Use Policy” or “AUP” means the rules governing acceptable use of HostMaxa infrastructure.
- “Consumer” means a natural person acting outside the course of their trade, business, or profession, as defined under EU consumer protection law.
2. Account registration and responsibility
To use HostMaxa services, you must provide accurate, current, and complete registration information including your name, address, email, and phone number. You warrant that all information provided is truthful and agree to keep it up to date. Providing materially false registration information is a breach of this Agreement and may result in immediate suspension or termination without refund.
You are responsible for:
- maintaining the confidentiality of your account credentials and preventing unauthorized access;
- all activity conducted through your account, whether authorized by you or not;
- notifying us immediately at [email protected] of any suspected unauthorized access or security breach.
HostMaxa may, where there is reasonable and specific doubt about account ownership or identity – for example in the context of a disputed account recovery or fraud investigation – request information sufficient to verify your identity. Any such request will be proportionate to the circumstances and limited to what is necessary. We will not make routine identity verification demands as a condition of normal service. Any identity documents collected for this purpose will be deleted once verification is complete.
For business accounts, the person placing the order warrants that they have authority to bind the organization to this Agreement.
3. Billing and payment
3.1 Invoicing
Invoices are issued in advance at the start of each billing cycle. All prices are quoted in Euro (€) and are exclusive of VAT unless expressly stated otherwise. Irish VAT at the standard rate of 23% will be applied to all applicable services. Business customers with a valid EU VAT number may be eligible for VAT reverse charge treatment.
By providing payment card details, you authorize HostMaxa to charge the applicable fees at the start of each billing cycle. Invoices are sent electronically to the email address registered on your account. Payment is due upon invoicing.
3.2 Late Payment and Suspension
If payment is not received within 7 days of the invoice due date, HostMaxa reserves the right to suspend the associated service without further notice. Suspended services remain recoverable upon full payment of all outstanding amounts.
If an invoice remains unpaid for 14 days after suspension (21 days total from the due date), HostMaxa may permanently terminate the service and delete all associated data without further obligation. Where an account is overdue, HostMaxa reserves the right to suspend all services on that account, including otherwise paid-up services, until all outstanding balances are settled.
HostMaxa reserves the right to refer overdue accounts to a collections agency and to recover reasonable costs of debt collection, including legal fees, from the Customer.
3.3 Pricing and VAT
HostMaxa will provide at least 30 days’ written notice by email of any changes to recurring service pricing. Price changes take effect at the next renewal date following that notice period. You may cancel your service before the new pricing takes effect if you do not wish to continue.
You are responsible for any bank charges, currency conversion fees, or other third-party costs associated with your payment method.
4. Cancellation and refunds
4.1 Cancellation Process
Cancellations must be submitted through your client area by selecting the relevant service and completing the “Request Cancellation” process. No other method of cancellation (including email or phone) will be accepted as a formal cancellation. It is your responsibility to cancel any third-party recurring payment subscriptions (e.g. PayPal billing agreements) associated with your HostMaxa account.
4.2 Domain Cancellation
Domain name registrations are non-refundable once registered. If you do not wish to renew a domain, you must disable automatic renewal in your client area before the renewal date. Failure to do so will result in renewal and a charge. Domains will not be renewed until payment is received in full.
4.3 Refund Policy
HostMaxa offers a 30-day money back guarantee on shared hosting and WordPress hosting plans for new customers on their first order. To claim a refund, you must submit a cancellation request through your client area within 30 days of the Service Commencement Date and notify us of your intention to claim the guarantee at [email protected].
The following are excluded from the money back guarantee:
- Domain registrations, transfers, and renewals
- SSL certificates
- Cloud VPS and dedicated servers (no refund under any circumstances once provisioned)
- AI website builder subscriptions after the first 30 days
- Services purchased under a promotional or discounted rate
- Accounts terminated for breach of this Agreement or the AUP
- Any service where more than one order has been placed by the same Customer
- Credit balances, which may only be applied to future purchases
Refunds will be processed to the original payment method within 10 business days of approval.
5. Consumer right of withdrawal (EU)
If you are a Consumer (a natural person acting outside your trade or profession), you have a statutory right under the EU Consumer Rights Directive (2011/83/EU) to withdraw from this Agreement without giving any reason within 14 days of the contract date (the “cooling-off period”).
However, by requesting that HostMaxa begin providing the service immediately upon purchase, which you do by completing your order, you expressly acknowledge and agree that:
- you request immediate commencement of the service before the cooling-off period expires; and
- you understand that you will lose your right of withdrawal once the service has been fully performed, or in the case of digital content, once delivery has begun with your prior express consent.
For hosting services that are provisioned immediately, the right of withdrawal is waived upon activation. HostMaxa’s 30-day money back guarantee (Section 4.3) is offered as a voluntary commercial remedy in addition to, and not in place of, any statutory rights you may retain.
To exercise a right of withdrawal where applicable, notify us in writing at [email protected] or at our registered address before the cooling-off period expires.
6. Service terms and uptime
6.1 Service Term
The service term begins on the Service Commencement Date and continues for the Initial Term selected at purchase (monthly or annual). At the end of each term, the service will automatically renew for an identical period unless cancelled in accordance with Section 4.1.
6.2 Uptime Guarantee
HostMaxa provides a 99.9% uptime guarantee on network connectivity and server hardware. If a server is offline due to an unscheduled HostMaxa hardware or network failure for more than 0.1% of time in any calendar month, you may request a pro-rata service credit for the affected period.
The following are excluded from the uptime guarantee:
- Scheduled maintenance communicated via the HostMaxa status page (status.maxa.cloud) or by support ticket
- Failures caused by upstream data center or carrier outages beyond HostMaxa’s control
- DDoS attacks or other malicious third-party activity
- Outages caused by the Customer’s own actions or content
- Force majeure events (see Section 19)
Credits must be requested within 14 days of the incident via a support ticket. Credits are applied to your account balance and are not redeemable for cash.
6.3 Backups
HostMaxa performs daily automated backups on shared and WordPress hosting plans as a best-effort service. These backups are provided as a courtesy and are not guaranteed in terms of completeness, accuracy, or availability. You are solely responsible for maintaining your own independent backups of all data stored on HostMaxa servers. HostMaxa accepts no liability for data loss. Backup restoration assistance may be available upon request and may be subject to a service fee.
7. Support
HostMaxa provides 24/7/365 technical support via the ticketing system accessible from your client area and at [email protected]. Sales and billing support is available Monday to Friday, 9am-5pm Irish time.
Support covers issues directly related to the operation of HostMaxa infrastructure, servers, and control panel environments. HostMaxa does not provide support for:
- Application-specific issues including software configuration, website development, or third-party application troubleshooting
- Issues caused by the Customer’s own code, plugins, or configurations
- Support requests directed at the Customer’s own end users or clients
HostMaxa may, at its discretion, assist with matters outside this scope and may charge a professional services fee for such assistance.
8. Domain Names
8.1 General
Domain registrations are for a minimum of 12 months and must be paid in full in advance. Renewal prices are displayed on our website and may vary from initial registration prices. HostMaxa will issue a renewal invoice at least 30 days before expiry. Domains are set to auto-renew by default; it is your responsibility to disable auto-renewal in your client area if you do not wish to renew.
Domain registrations and renewals are non-refundable once processed. HostMaxa is not liable for a domain being registered by a third party before your order is processed. In such cases, a full refund of the registration fee will be issued with no further liability.
HostMaxa does not charge fees for outbound domain transfers. You are responsible for maintaining accurate WHOIS contact information and for managing EPP/transfer codes. HostMaxa is not responsible for changes made to a domain before or after a transfer.
If a domain lapses into a redemption period, restoration fees charged by the relevant registry will be passed on to the Customer.
8.2 .IE Domains
All .ie domain registrations are subject to the IEDR Registration Policy. Registrants must demonstrate an Irish connection as required by the registry. Disputes concerning .ie domain names are subject to the IEDR Dispute Resolution Policy. HostMaxa acts as registration agent and is not a party to any registry dispute.
8.3 .UK Domains
All .co.uk and .uk domain registrations are subject to Nominet’s terms and conditions. Disputes are subject to the Nominet Dispute Resolution Service.
8.4 Other Domain Extensions
All other domain registrations are subject to the policies of the relevant registry and ICANN. For certain extensions, registrant data may be shared with the registry and published in the public WHOIS. Please refer to our Privacy Policy for further details on domain registration data handling.
9. Cloud VPS and servers
Cloud VPS and dedicated servers are provided unmanaged by default unless a managed service tier is explicitly purchased. For unmanaged servers, the Customer is solely responsible for:
- Operating system patching and updates
- Security configuration including firewalls, access controls, and passwords
- Scripting environments (PHP, Python, Node.js, etc.)
- Database installation and maintenance
- Application installation, configuration, and updates
- Maintaining independent backups of all data
HostMaxa’s responsibility for unmanaged servers is limited to network connectivity, hardware uptime, and virtualization infrastructure. No refunds are provided for VPS or dedicated server services under any circumstances once provisioned.
Customers may seek best-effort guidance from our support team for unmanaged server issues; however, HostMaxa reserves the right to charge a professional services fee for work outside the standard support scope.
10. Acceptable use
Your use of all HostMaxa services is subject to the Acceptable Usage Policy (AUP), which is incorporated into this Agreement by reference. Violation of the AUP may result in suspension or termination of services in accordance with Section 12. By accepting this Agreement, you also accept the AUP.
11. Content monitoring and suspension
HostMaxa reserves the right, but not the obligation, to monitor content hosted on its infrastructure for compliance with this Agreement and the AUP. HostMaxa may remove content, restrict access, or suspend services where content is found or reasonably believed to be in breach of this Agreement, the AUP, or applicable law, without prior notice.
HostMaxa does not accept responsibility for the content, accuracy, or legality of material hosted by Customers or accessible via links from Customer-hosted websites. Customers are solely responsible for all content they upload, store, or distribute through HostMaxa services.
12. Right to refuse, suspend, or terminate
HostMaxa reserves the right, at its sole discretion, to refuse, suspend, or terminate any service without prior notice where a Customer:
- breaches any provision of this Agreement or the AUP;
- fails to make payment in accordance with Section 3.2;
- provides false or materially inaccurate registration information;
- engages in fraudulent activity, chargeback abuse, or bad-faith conduct;
- acts in a manner that causes or risks harm to HostMaxa’s infrastructure, reputation, or other customers; or
- engages in abusive or threatening conduct toward HostMaxa staff.
Accounts terminated for breach of this Agreement will not be eligible for a refund. Where termination is for non-payment only and the Customer subsequently pays all outstanding amounts, HostMaxa may, at its discretion, restore the service subject to account review.
Upon termination, all data associated with the account will be deleted. HostMaxa is not obliged to retain or provide copies of Customer data following termination.
13. Customer conduct
Customers are expected to communicate with HostMaxa staff in a professional and respectful manner. Abusive, threatening, discriminatory, or harassing behavior directed at HostMaxa employees, contractors, or representatives will not be tolerated and may result in suspension or termination of services without prior notice or refund.
14. Fraudulent activity
HostMaxa strictly prohibits the use of its services for fraudulent purposes. Where fraud is suspected or confirmed, HostMaxa may suspend or terminate the account immediately without notice or refund. Conduct that may constitute fraud includes:
- Providing false contact or registration information
- Using a payment instrument without authorization
- Initiating fraudulent chargebacks or payment disputes
- Distributing fraudulent goods, services, or schemes
HostMaxa may disclose account information to law enforcement or financial institutions where fraud is suspected or confirmed, in accordance with our Privacy Policy and applicable law.
15. Privacy and data protection
HostMaxa processes personal data in accordance with the EU General Data Protection Regulation (GDPR) (EU) 2016/679 and applicable Irish data protection law. Full details of how we collect, use, and protect your personal data are set out in our Privacy Policy, which forms part of this Agreement.
Where you use HostMaxa services to host, store, or process personal data belonging to your own customers or users, you act as the data controller for that data. HostMaxa acts as a data processor in those circumstances. You warrant that all such data is processed lawfully and in compliance with applicable data protection law. HostMaxa accepts no liability for the personal data of your customers or users.
16. Disclaimer of warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, HOSTMAXA PROVIDES ALL SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOSTMAXA DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. HOSTMAXA DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Nothing in this Agreement excludes or limits HostMaxa’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Irish law.
17. Limitation of liability
Subject to Section 16 and to the maximum extent permitted by applicable law:
- HostMaxa’s total aggregate liability to you under or in connection with this Agreement shall not exceed the total fees paid by you to HostMaxa in the 3 months immediately preceding the event giving rise to the claim;
- HostMaxa shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of business, or loss of goodwill, arising from or in connection with the use or inability to use HostMaxa services;
- HostMaxa shall not be liable for loss arising from unauthorized access to your account caused by your failure to maintain the security of your credentials;
- HostMaxa shall not be liable for data loss where the Customer has failed to maintain independent backups as required by this Agreement.
Where you are a Consumer, nothing in this Agreement affects your statutory rights under Irish and EU consumer protection law, including rights under the Consumer Rights Act 2022 (Ireland).
18. Indemnity
You agree to indemnify, defend, and hold harmless HostMaxa, its directors, employees, agents, and service providers against any and all claims, damages, costs, and expenses (including reasonable legal fees) arising from:
- your use of or access to HostMaxa services;
- your breach of any provision of this Agreement or the AUP;
- any content you upload, store, or transmit through HostMaxa services;
- your breach of any third-party rights, including intellectual property rights; or
- your violation of any applicable law or regulation.
19. Force majeure
HostMaxa shall not be liable for any failure or delay in performing its obligations under this Agreement arising from causes beyond its reasonable control, including acts of God, fire, flood, storm, civil unrest, war, government action, strikes or industrial disputes, failure of utility services, failure of third-party telecommunications providers, upstream data center failures, or DDoS attacks. HostMaxa will use reasonable endeavors to minimize the impact of any such event and to resume normal service as soon as practicable.
20. Complaints
If you wish to make a complaint, please open a support ticket via your client area or email [email protected] marked for the attention of the Manager. We will acknowledge your complaint within 2 business days and aim to resolve it within 10 business days. If you are not satisfied with our response, you may escalate in writing to:
Maxa Cloud Ltd t/a HostMaxa
Unit 2, 2 Bridge Street, Athlone, Co. Westmeath, Ireland N37 F1W4
Email: [email protected]
For Consumer disputes not resolved directly, you may also access the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr, as required by EU Regulation 524/2013. Our email address for ODR purposes is [email protected].
21. Modifications to this agreement
HostMaxa reserves the right to modify this Agreement at any time. For material changes, we will provide at least 30 days’ written notice by email before the changes take effect. For changes required by law or regulation, shorter notice may apply. Your continued use of HostMaxa services after the effective date of any change constitutes acceptance of the revised Agreement. If you do not agree with the changes, you may cancel your service before the effective date.
22. General provisions
22.1 Entire Agreement
This Agreement, together with the AUP and Privacy Policy, constitutes the entire agreement between HostMaxa and the Customer relating to its subject matter and supersedes all prior representations, understandings, and agreements.
22.2 Severance
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it valid and enforceable, or if that is not possible, deleted. The remaining provisions shall continue in full force.
22.3 Waiver
A failure or delay by HostMaxa to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy and shall not prevent HostMaxa from exercising it in the future.
22.4 Notices
Notices under this Agreement shall be delivered by email to the address registered on your account (for notices to you) or to [email protected] (for notices to HostMaxa). Notices are deemed received on the next business day following transmission.
22.5 Assignment
HostMaxa may assign or sub-contract its obligations under this Agreement without your consent. You may not assign your rights or obligations under this Agreement without HostMaxa’s prior written consent.
22.6 Survival
Sections 1, 15, 16, 17, 18, 22, and 23 shall survive termination or expiry of this Agreement.
23. Governing law and jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes) shall be governed by and construed in accordance with the laws of Ireland. HostMaxa and the Customer irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising under this Agreement.
Where you are a Consumer habitually resident in another EU Member State, you retain the right to bring proceedings in the courts of your country of residence and to rely on mandatory consumer protection provisions of your local law.