Terms of Service

01About these Terms

By using this website, you agree to these Terms. If you engage Maxen for services, these Terms apply together with the relevant proposal, statement of work, order form or other written agreement (“Service Agreement”). If a Service Agreement expressly conflicts with these Terms, the Service Agreement prevails for that engagement.

You represent that you have authority to accept these Terms for yourself or the organisation you represent. This website and our services are intended primarily for business customers.

02Services and engagement

Maxen provides cloud advisory, architecture, migration support, software development, systems integration, automation, maintenance and managed technology support. The exact deliverables, assumptions, exclusions, timeline, customer dependencies and acceptance criteria are stated in the applicable Service Agreement.

No engagement starts solely because a user submits an enquiry or receives an indicative discussion. Services begin when the parties accept written commercial terms or otherwise confirm the engagement in writing.

Any timetable depends on timely access, decisions, information and cooperation from the customer and relevant third parties. Changes to scope may affect fees and delivery dates and must be agreed through a written change request or updated Service Agreement.

03Fees, invoices, taxes and payment

Fees may be structured as a fixed assessment fee, milestone-based project fee, monthly service retainer, or pre-approved time-and-materials charge. The applicable amount, currency, invoice schedule, payment due date and taxes are stated in the Service Agreement or invoice.

Payments made to Maxen are payment for Maxen’s own contracted services. Unless a Service Agreement expressly states otherwise, third-party cloud, software, hosting, domain, licence, communications and similar charges are contracted and paid directly by the customer to the relevant third-party provider.

Maxen does not collect or hold customer funds on behalf of cloud providers, operate a stored-value account or wallet, or provide payment processing, remittance or foreign-exchange services. Maxen’s revenue is the service fee invoiced for advisory, implementation or managed services.

Customers must pay undisputed invoices by the due date. If an amount is disputed in good faith, the customer must notify Maxen promptly with reasonable details and pay the undisputed portion. Maxen may suspend affected services for overdue undisputed amounts after reasonable written notice.

04Customer obligations and acceptable use

The customer must provide accurate information, lawful instructions, authorised access, suitable contacts and timely decisions required for delivery. The customer remains responsible for its business decisions, data, end users, third-party accounts and compliance obligations.

You must not use this website or our services to violate law, infringe rights, introduce malicious code, interfere with systems, gain unauthorised access, conduct fraud, or process unlawful or harmful content. Maxen may refuse or suspend work that we reasonably believe creates a security, legal or ethical risk.

05Third-party services

Our work may interoperate with services supplied by independent cloud, software, telecommunications or other vendors. Those vendors are not controlled by Maxen and their own terms, availability, security practices and charges apply. References to third-party products do not imply endorsement, ownership or partnership unless expressly stated in writing.

Unless agreed otherwise, the customer owns or controls its third-party vendor accounts and contracts with and pays those vendors directly. Maxen is not responsible for a third party’s acts, omissions, service changes, outages or pricing.

06Intellectual property

Each party retains ownership of intellectual property it owned or developed independently of the engagement. Maxen retains its general knowledge, methods, tools, templates, reusable components and pre-existing materials.

Ownership or licence terms for custom deliverables are stated in the Service Agreement. Unless that agreement states otherwise, after full payment Maxen grants the customer a non-exclusive, worldwide licence to use the final deliverables for the customer’s internal business purposes. Third-party and open-source materials remain subject to their applicable licences.

Website content, branding and design are owned by or licensed to Maxen and may not be copied, republished or used to imply affiliation without permission.

07Confidentiality and data protection

Each party must protect the other party’s confidential information using reasonable care and use it only for the relevant engagement. This obligation does not apply to information that is public without breach, already lawfully known, independently developed, or lawfully obtained from another source.

Where Maxen processes personal data, each party will comply with applicable data-protection law and the Service Agreement. Our handling of personal data collected through this website is described in our Privacy Policy. If the services require Maxen to process personal data on a customer’s behalf, the parties may enter into appropriate data-processing terms.

08Warranties and disclaimers

Maxen will perform contracted services with reasonable care and skill. If the customer identifies a material failure to meet an agreed specification within the applicable review period, Maxen will use reasonable efforts to correct the affected service or deliverable.

Except as expressly stated in a Service Agreement, the website and services are provided “as is” and “as available”. To the maximum extent permitted by law, Maxen disclaims implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not promise uninterrupted third-party services or that recommendations will eliminate every cost, risk or security issue.

09Limitation of liability

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings or data, arising from an engagement.

Unless the Service Agreement states a different cap, Maxen’s total aggregate liability arising from a particular engagement will not exceed the fees paid or payable to Maxen under that engagement during the six months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud or fraudulent misrepresentation.

10Suspension and termination

Either party may terminate an engagement as provided in the Service Agreement. If no termination provision is stated, either party may terminate for a material breach that remains uncured 14 days after written notice. Maxen may suspend access or services immediately where reasonably necessary to address unlawful activity, a material security risk or a threat to systems or persons.

On termination, the customer must pay for services performed and approved non-cancellable commitments incurred up to the termination date. Terms that by their nature should survive—including payment, confidentiality, intellectual property, disclaimers and liability limitations—will continue.

11General

Neither party is liable for delay caused by events beyond its reasonable control, provided it takes reasonable steps to reduce the impact. Neither party may assign a Service Agreement without the other party’s consent, except in connection with a genuine corporate reorganisation or sale of substantially all relevant business assets.

If part of these Terms is unenforceable, the remainder continues. A failure to enforce a right is not a waiver. These Terms do not create a partnership, joint venture, agency, fiduciary or employment relationship.

These Terms and any non-contractual obligations arising from them are governed by the laws of the Hong Kong Special Administrative Region. The courts of Hong Kong have exclusive jurisdiction, unless the applicable Service Agreement provides otherwise.

We may update these Terms to reflect changes in law, services or operations. The current version and effective date will be posted on this page. Material changes apply prospectively unless law requires otherwise.

12Contact

Questions about these Terms may be sent to: