Terms of Service

1. Agreement and scope

These Terms of Service ("Terms") are an agreement between HaxLink Limited ("HaxLink", "we", "us", or "our") and the person or entity that accesses or uses the Services ("Customer", "you", or "your"). The "Services" include this website, any customer portal, managed infrastructure, compute, storage, networking, migration, monitoring, support, professional services, and related features supplied by HaxLink or coordinated through qualified infrastructure partners.

By creating an account, signing an Order, clicking to accept, or using the Services, you agree to these Terms. If you accept for an organization, you represent that you have authority to bind it. If you do not agree, do not access or use the Services.

The Services are intended for business use. They are not consumer services and are not intended for persons who lack legal capacity to enter a binding contract.

2. Key definitions

• "Account" means the credentials, tenant, and administrative controls through which Customer uses the Services.
• "Authorized User" means an employee, contractor, or other person Customer permits to use its Account.
• "Customer Content" means data, software, configurations, workloads, communications, and other material submitted to, stored in, transmitted through, or generated using the Services by or for Customer.
• "Documentation" means service descriptions, technical instructions, and operating guidance HaxLink makes available.
• "Order" means an order form, quotation, online order, statement of work, or other ordering document accepted by both parties.
• "Partner Services" means infrastructure, facilities, connectivity, software, or support supplied by third-party data-centre, cloud, network, or technology partners.
• "Subscription Term" means the committed service period stated in an Order.

3. Orders, provisioning, and changes

An Order becomes binding when accepted by both parties or when HaxLink begins provisioning at Customer's request. Each Order may specify regions, capacity, term, currency, fees, support tier, service levels, dependencies, estimated delivery dates, and non-cancellable supplier commitments.

Quoted availability, pricing, and activation timing remain subject to technical validation, capacity confirmation, compliance review, and partner acceptance until HaxLink confirms the Order. Delivery dates are targets unless the Order expressly states otherwise.

Changes to an accepted Order require written agreement. Customer is responsible for charges and delays caused by requested changes, inaccurate requirements, unavailable access, or failure to complete dependencies. HaxLink may make non-material operational changes that do not materially reduce the core functionality purchased.

4. Partner-backed infrastructure

HaxLink may use affiliates and qualified regional partners to provide data-centre space, hardware, virtual infrastructure, networks, software, remote hands, and related services. Customer authorizes HaxLink to coordinate those Partner Services as necessary to deliver the Order.

Partner locations, underlying technology, and supply chains may change where reasonably necessary for security, continuity, law, capacity, or service improvement. HaxLink will not materially relocate Customer Content to a new country without notice where the Order specifies data residency, except where necessary to prevent imminent harm or comply with law.

Partner terms do not create a direct contract between Customer and a partner unless expressly stated. HaxLink remains Customer's contractual service coordinator for the HaxLink Services, subject to the allocations of responsibility and limitations in the applicable Order.

5. Customer responsibilities

• Provide accurate account, billing, technical, and compliance information and keep it current.
• Maintain appropriate licenses, notices, consents, and legal bases for Customer Content and its processing.
• Secure endpoints, applications, operating systems, credentials, keys, and networks under Customer's control.
• Configure backups, retention, recovery, encryption, and access controls appropriate to Customer's risk unless an Order assigns those tasks to HaxLink.
• Use the Services only in accordance with law, these Terms, the Acceptable Use Policy, Documentation, and the Order.
• Ensure Authorized Users and anyone using Customer's Account comply with the Agreement.
• Cooperate promptly with incident response, abuse review, maintenance, migration, and legal or regulatory requests.

6. Accounts and security

Customer controls its Authorized Users and is responsible for activity under its Account, except to the extent caused by HaxLink's breach of the Agreement. Credentials must be unique, confidential, and protected with multi-factor authentication where available.

Customer must promptly notify HaxLink at contact@haxlink.com of suspected credential compromise, unauthorized access, or security incidents affecting the Services. HaxLink may require credential rotation, temporarily restrict access, or take other reasonable protective action.

HaxLink may rely on instructions from Customer's designated administrators. Customer must maintain current administrator and escalation contacts and use reasonable internal approval controls for sensitive changes.

7. Fees, invoices, and taxes

Customer will pay all fees stated in an Order, including recurring, usage-based, one-time, pass-through, overage, and applicable minimum-commitment charges. Unless an Order states otherwise, invoices are due within 14 days, amounts are charged in the stated currency, and fees exclude taxes.

Customer is responsible for sales, use, value-added, goods and services, withholding, and similar taxes, excluding taxes on HaxLink's net income. If withholding is required, Customer will provide valid evidence and, where lawful, gross up payment so HaxLink receives the invoiced amount.

Customer must dispute an invoice in writing within 15 days after its date, identifying the amount and basis. Undisputed overdue amounts may accrue interest at the lower of 1.5% per month or the maximum lawful rate. HaxLink may suspend Services for material non-payment after reasonable notice.

8. Customer Content and data

Customer retains ownership of Customer Content. Customer grants HaxLink, its affiliates, and subprocessors a limited right to host, copy, transmit, modify for technical formatting, back up, and otherwise process Customer Content only as necessary to provide, secure, support, and improve the Services; comply with Customer's documented instructions; or satisfy law.

Customer represents that it has all rights necessary to provide Customer Content and permit this processing. HaxLink does not acquire ownership of Customer Content through the Agreement.

The Privacy Policy describes HaxLink's handling of account, website, and business-contact information. Where HaxLink processes personal data on Customer's behalf, the parties may enter a data processing agreement. Customer remains responsible for its own privacy notices, data-subject requests, and instructions.

9. Acceptable use and abuse

Customer must comply with the Acceptable Use Policy, which is incorporated into these Terms. HaxLink may investigate suspected abuse and may remove or disable access to material, block traffic, quarantine resources, or suspend Services where reasonably necessary to address unlawful activity, protect people or systems, preserve service integrity, or comply with a valid legal request.

Where practicable, HaxLink will notify Customer and provide an opportunity to cure. Immediate action may be taken where delay could expose any person, HaxLink, a partner, or the public to material harm.

10. Availability, maintenance, and support

Support channels, hours, response targets, maintenance arrangements, and service commitments are those stated in the applicable Order or Service Level Agreement. Response targets are not resolution guarantees.

HaxLink may perform planned maintenance and will provide advance notice where reasonably practicable. Emergency maintenance may be performed without advance notice to protect security, stability, or service continuity.

Customer acknowledges that internet and distributed infrastructure services may experience faults, latency, and interruptions. Customer must design workloads with resilience appropriate to their importance.

11. Intellectual property

HaxLink and its licensors retain all rights in the Services, Documentation, software, designs, trademarks, and technology, excluding Customer Content. Subject to the Agreement and payment of fees, HaxLink grants Customer a limited, non-exclusive, non-transferable right during the Subscription Term to access and use the Services for its internal business purposes.

Customer may provide feedback. HaxLink may use feedback without restriction or obligation, provided it does not publicly identify Customer without permission.

• Customer must not reverse engineer or attempt to extract source code except to the limited extent a prohibition is unenforceable by law.
• Customer must not resell, sublicense, benchmark publicly, or provide the Services to third parties unless an Order permits it.
• Customer must not remove proprietary notices, bypass access controls, or use the Services to build a materially substitutable competing service.

12. Confidentiality

Each party may receive non-public technical, commercial, security, or business information identified as confidential or that reasonably should be understood as confidential. The receiving party will use it only for the Agreement and protect it using at least reasonable care.

Confidential information excludes information that the receiving party can document was lawfully known without restriction, independently developed, publicly available without breach, or lawfully received from another source. Required disclosure is permitted if the receiving party gives advance notice where lawful and limits disclosure to what is required.

13. Legal and trade compliance

Each party will comply with laws applicable to its performance. Customer is responsible for determining whether the Services are suitable for regulated data, critical systems, export-controlled technology, or sector-specific obligations.

Customer must not use the Services in violation of applicable export controls, economic sanctions, anti-bribery, anti-money-laundering, or trade laws. Customer represents that it and its controlling persons are not prohibited parties where that would make provision of the Services unlawful.

14. Warranties and disclaimers

Each party warrants that it has authority to enter the Agreement. HaxLink warrants that it will perform professional services with reasonable skill and care and provide the Services materially in accordance with the applicable Order.

Customer's exclusive remedy for a verified breach of the preceding warranty is re-performance or, if re-performance is not commercially reasonable, termination of the affected Service and a pro-rated refund of prepaid unused recurring fees.

Except for express commitments in the Agreement and to the maximum extent permitted by law, the Services are provided "as is" and "as available". HaxLink disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, and error-free results. HaxLink does not warrant that the Services will meet requirements not stated in an Order.

15. Indemnification

Customer will defend and indemnify HaxLink, its affiliates, and personnel against third-party claims arising from Customer Content, Customer's unlawful or prohibited use, or Customer's material breach of Sections 5, 8, 9, or 13.

HaxLink will defend Customer against a third-party claim that HaxLink's proprietary technology, when used as authorized, infringes a Hong Kong patent, copyright, or trademark, and will pay finally awarded damages or approved settlements. HaxLink may modify or replace the affected technology or terminate it and refund prepaid unused fees. This obligation does not cover Customer Content, combinations not supplied by HaxLink, unauthorized modifications, continued use after notice, or compliance with Customer instructions.

Indemnity requires prompt notice, reasonable cooperation, and control of the defence by the indemnifying party. No settlement may admit fault or impose non-monetary obligations on the indemnified party without consent.

16. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, business opportunity, or anticipated savings, even if advised of the possibility.

Except for Excluded Claims, each party's aggregate liability arising from the Agreement will not exceed the fees paid or payable for the affected Services during the 12 months before the event giving rise to liability. If the affected Service has been provided for less than 12 months, the cap is the committed fees for its first 12 months.

"Excluded Claims" means Customer payment obligations; either party's fraud, wilful misconduct, death or personal injury caused by negligence where liability cannot be limited; Customer's infringement or misuse of HaxLink intellectual property; and liabilities that applicable law prohibits from being limited. Any enhanced cap must be expressly stated in an Order.

17. Suspension and termination

HaxLink may suspend affected Services for material non-payment, a material security risk, prohibited use, a legal requirement, or a partner suspension that HaxLink cannot reasonably prevent. HaxLink will limit the scope and duration where practical and restore Service after the condition is resolved.

Either party may terminate for a material breach not cured within 30 days after written notice, or within 10 days for non-payment. Either party may terminate immediately if the other becomes insolvent, ceases business, or enters analogous proceedings, subject to applicable law.

Termination does not relieve accrued payment obligations. Customer must pay committed and non-cancellable charges. On termination, Customer's access ends. HaxLink will make Customer Content available for export for the period stated in the Order, or 30 days if none is stated, unless law, security, non-payment, or technical constraints prevent it. HaxLink may then delete Customer Content in accordance with its retention practices.

18. General terms

Neither party is liable for delay caused by events beyond its reasonable control, including natural disaster, war, civil disorder, epidemic, labour action, utility or telecommunications failure, governmental action, or widespread supplier failure, provided it takes reasonable mitigation steps. Payment obligations for Services already delivered are not excused.

Notices concerning breach, termination, indemnity, or legal process must be in writing. Notices to HaxLink may be sent to contact@haxlink.com and are effective when acknowledged. Operational messages may be delivered through the portal or to account contacts.

Customer may not assign the Agreement without HaxLink's consent, except with a merger or sale of substantially all relevant assets to a solvent successor that is not a competitor and agrees to the Agreement. HaxLink may assign to an affiliate or in connection with a reorganization or sale.

The parties are independent contractors. The Agreement creates no partnership, agency, fiduciary relationship, or third-party beneficiary. Failure to enforce a term is not a waiver. Invalid terms will be limited or replaced to best preserve their intent; the remainder continues.

The Agreement is the entire agreement on its subject and supersedes prior proposals and representations. Headings are for convenience. Electronic acceptance and counterparts are valid.

19. Governing law and disputes

The Agreement is governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict-of-law rules. The parties will first attempt in good faith to resolve a dispute through escalation to senior representatives.

If unresolved within 30 days after written escalation, the courts of Hong Kong have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent jurisdiction. Mandatory rights and remedies that cannot lawfully be excluded remain unaffected.

20. Contact

Questions or formal notices about these Terms may be sent to HaxLink Limited at contact@haxlink.com. Include your legal entity name, account identifier, contact details, and enough information for us to route the request.