Terms of Service

Agreement to Terms

By accessing or using Maxspell websites and services, you agree to be bound by these Terms of Service. If you do not agree, do not use our services.

Services and Scope

We provide Business Email, Cloud Hosting, Web and Mobile Development, SEO Optimization, Managed Infrastructure, and Solutions Consulting services. Specific deliverables, timelines, and pricing may be defined in separate proposals, statements of work, or service agreements.

Acceptable Use

You agree not to:

• Use the services for unlawful, abusive, infringing, or fraudulent activities.
• Attempt unauthorized access to systems, accounts, or data.
• Interfere with service integrity, availability, or security.
• Upload or distribute malware, spam, or harmful code through our systems.

Client Responsibilities

You are responsible for providing accurate information, timely approvals, and lawful content. You are also responsible for keeping account credentials secure and notifying us promptly of suspected unauthorized access.

Fees and Payment

Fees, billing cycles, taxes, and payment terms are described in the applicable commercial agreement or invoice. Late payments may result in delayed delivery, suspension, or termination of affected services where permitted by law.

Unless otherwise agreed in writing, fees are non-refundable once services are performed or provisioned. You are responsible for any taxes, duties, or levies associated with your use of the services, excluding taxes on Maxspell's net income.

Intellectual Property

Each party retains ownership of its pre-existing intellectual property. Ownership and licensing of project deliverables are governed by the applicable proposal or service agreement.

Third-Party Services

Some services rely on third-party providers. We are not responsible for outages, changes, or policy decisions made by those providers, but we will make commercially reasonable efforts to support recovery and continuity.

Warranties and Disclaimers

Except as expressly stated in a written agreement, services are provided on an "as is" and "as available" basis to the fullest extent permitted by law.

Maxspell disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent allowed by applicable law.

Limitation of Liability

To the fullest extent permitted by law, Maxspell is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

To the fullest extent permitted by law, Maxspell's aggregate liability for all claims related to the services will not exceed the total fees paid by you to Maxspell for the affected services during the twelve months preceding the event giving rise to liability.

Indemnification

You agree to defend, indemnify, and hold harmless Maxspell, its affiliates, and personnel from claims, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your content, your use of the services, your violation of these terms, or your violation of any law or third-party rights.

Confidentiality

Each party may receive non-public information from the other party. Each party agrees to use such information only for performing or receiving services and to protect it with reasonable care. This obligation does not apply to information that is public, already known without restriction, independently developed, or lawfully received from a third party.

Suspension and Termination

We may suspend or terminate services for material breach, unlawful use, security threats, or non-payment, subject to applicable contractual notice terms.

Upon termination, your right to use terminated services ends immediately. Sections that by nature should survive termination, including payment obligations, intellectual property, confidentiality, limitation of liability, indemnification, and dispute-related provisions, will survive.

Force Majeure

Maxspell is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, internet or utility failures, labor disputes, government actions, or third-party infrastructure outages.

Governing Law and Venue

Unless otherwise agreed in a signed contract, these terms are governed by the laws of the jurisdiction where Maxspell is legally established, without regard to conflict-of-law principles. Any dispute arising out of or related to these terms will be submitted to the competent courts in that jurisdiction.

Entire Agreement and Severability

These terms, together with any signed order form, proposal, statement of work, or service agreement, form the entire agreement regarding the services. If any provision is held unenforceable, the remaining provisions will remain in full force and effect.

Changes to Terms

We may update these terms from time to time. Continued use of the services after updates indicates acceptance of the revised terms.

Contact

For questions regarding these terms, please use our contact page.