Terms of service

“IPXON,” “we,” “us” and “our” mean Conexum Inc., a Delaware corporation with its principal business address at 3250 W Commercial Blvd, Suite 140, Fort Lauderdale, FL 33309-3459, United States. “You” and “Customer” mean the business or individual identified in the accepted order.

Our services primarily serve businesses and professionals, and are also available to individuals. You must be at least 18 and legally able to contract. If you act for an organisation, you must have authority to bind it. Provide accurate account, billing and contact information and keep it current. If you buy mainly for personal use, the consumer protections in section 16 apply and take priority over conflicting provisions.

Questions and formal notices: legal@ipxon.com. You may also write to our business address above.

Your agreement consists of these Terms, the orders we accept, the Fair Usage Policy, any expressly included service schedules or service level agreement (SLA), and the Data Processing Agreement when we process personal data on your behalf.

An order identifies the services, location, specifications, price, billing cycle, service term and any agreed options. It may be an accepted online order, signed order form or written proposal accepted by both parties.

If documents conflict, mandatory international data transfer clauses take priority for their subject matter, followed by the DPA for personal data processing. A separately signed master services agreement takes priority over these Terms. An order or service schedule takes priority for its specific commercial and technical details; any change to a liability or other general legal clause must expressly identify that change. The SLA controls its availability measurements and credits. The Fair Usage Policy controls acceptable use without reducing expressly purchased capacity.

The Privacy Policy explains our handling of account and website personal data. It is a notice, not a consent to unrelated processing. The Security page explains responsibilities and the scope of published security information; it does not create an additional SLA.

These Terms become part of a service agreement when you expressly accept them through checkout or another documented acceptance process. Merely browsing our website does not place an order or accept charges. They do not automatically replace an existing signed agreement.

An order submission or payment authorization is a request to purchase. We accept it through a written acceptance or service activation notice. Before acceptance, we may verify identity, payment, capacity, technical feasibility and applicable trade restrictions. We may ask for information reasonably needed for those checks.

We may decline an order before acceptance. If we collected payment for an order we decline, we will refund it to the original payment method. We will obtain your agreement before accepting a material correction to its price or configuration.

Your order states when billing begins. Unless it says otherwise, recurring service charges begin when the service is provisioned and available for your use; agreed setup or third-party installation charges may arise earlier. Delivery estimates are estimates unless expressly agreed as binding dates. If an agreed delivery date cannot be met, we will explain the options, including cancellation and refund of prepaid charges for the undelivered service where appropriate.

A flow clearly marked as a test or sandbox does not create a paid production order. Production checkout must show the actual total, currency, taxes where calculable, billing cycle and renewal terms before acceptance.

We provide the infrastructure described in your order. Management, migration, backups, disaster recovery, software licences, security monitoring and hands-on assistance are included only to the extent expressly stated.

You must use appropriate access controls, protect credentials and API keys, patch systems you manage, maintain independent backups and design redundancy appropriate to your needs. A snapshot or redundant storage system is not necessarily an independent backup. These responsibilities do not excuse our failure to perform obligations we have expressly accepted.

We may use qualified providers to deliver the service and remain responsible for our contractual obligations. Personal data processing by those providers is governed by the DPA where applicable.

The accepted order controls prices, currency, taxes, payment due dates and any minimum commitment. Prices exclude taxes unless expressly stated otherwise. You are responsible for transaction taxes properly chargeable to you, but not taxes on our net income. Any withholding and supporting documents must be handled as required by applicable law and the order.

Usage charges must identify the unit and rate, such as compute time, storage, traffic, power or remote-hands time. An unmetered transfer allowance does not promise unlimited port speed, power or compute capacity. We do not add an unpublished “fair use” charge or convert a fixed-price service to a metered one without agreement.

Stopping or powering down a resource may not release reserved hardware, storage, IP addresses or capacity. Charges stop according to the cancellation terms for each resource. The portal or order must explain which resources continue to incur charges when stopped.

You authorize recurring charges only where you expressly select or accept recurring billing. You may revoke a payment authorization without extinguishing charges already due or an agreed fixed-term commitment.

Tell us promptly if you dispute an invoice, identifying the amount and reason. Pay undisputed amounts on time. We will investigate a good-faith dispute and will not suspend a service solely for the disputed amount while you reasonably cooperate. Refunds are returned through the original payment method where practicable.

We refund duplicate or erroneous charges after verification, payments for orders we decline, and prepaid recurring fees for a service period we cannot deliver or that you validly terminate for our uncured material breach. Completed setup work, consumed usage and an expressly accepted non-cancellable supplier charge are not ordinarily refundable for a convenience cancellation. Unused refundable cash balances are returned after reconciliation; promotional credits have no cash value unless law requires otherwise. We initiate approved contractual refunds within 14 calendar days, subject to any shorter mandatory deadline; bank processing may take additional time. An SLA credit is handled under Appendix A. These rules do not limit the consumer rights in section 16.

The service term starts on the date specified in the accepted order. A monthly subscription renews monthly until cancelled; you may cancel before the next renewal using the account controls, if available, or by a written request through support. Cancellation takes effect at the end of the current paid period unless a different date is agreed. There is no partial-period refund for a convenience cancellation unless your order or mandatory law provides otherwise.

A fixed-term service renews automatically only if the accepted order clearly states the renewal period, notice requirement and renewal pricing method. Any early termination charge or non-cancellable supplier commitment must be disclosed in the accepted order. Without such a provision, we do not impose a separate early termination penalty.

We will give at least 30 days' notice of a recurring price increase. It takes effect only at the next renewal after that notice period, and never changes an agreed fixed-term price mid-term. You may cancel the affected service before the increase takes effect.

Any availability commitment, response time, credit, exclusion or claim deadline must be stated in an expressly included SLA or support schedule. Our standard monthly availability commitment for eligible datacenter and connectivity components is 99.98%, as defined in Appendix A below. It is not an application-level, cloud platform or hardware-replacement guarantee. Support response times are separate and apply only if expressly included.

We will use reasonable care and skill in providing the services. We will give reasonable advance notice of planned maintenance likely to affect your service where practicable. Emergency maintenance may occur without advance notice; we will communicate material effects as soon as reasonably practicable.

The public Internet, networks beyond the agreed handoff point and third-party applications may affect performance. Responsibility for a contracted carrier or facility remains as allocated in your agreement; using a third party does not itself excuse our performance.

Where an SLA makes a credit the exclusive remedy, that applies only to the particular availability shortfall covered by the SLA. It does not remove remedies for a separate confidentiality or data protection breach, wilful misconduct or another failure outside that credit arrangement.

You retain ownership of your data and content. You grant us only the rights needed to host, transmit, secure and otherwise handle it to deliver the contracted service and comply with lawful obligations. We do not acquire a right to use hosted content for advertising or training general-purpose AI models.

You are responsible for having the rights and permissions needed to upload and process your content and to give us lawful instructions. Personal data is handled under the DPA where applicable. We do not routinely review hosted content; operational access may be necessary for support, security, service delivery or a binding legal requirement, subject to appropriate restrictions.

Each party must protect the other's non-public business, technical and customer information with reasonable care, use it only for the agreement, and disclose it only to people who need access and are subject to confidentiality duties. Information independently developed, lawfully obtained elsewhere or public without a breach is excluded. Legally required disclosure is permitted, with advance notice where lawful and practicable. These duties continue for three years after termination, and longer for personal data and trade secrets as required by their nature and applicable law.

Our software, documentation, branding and website content remain ours or our licensors'. You may use them as needed to evaluate and use the services. Third-party software may have separate licence terms disclosed with the relevant service. Do not submit passwords, private keys or sensitive customer records through public contact forms.

For colocation, your order or facility schedule must identify access procedures, authorised personnel, power allocation, equipment delivery and removal arrangements, and any remote-hands charges. Equipment must meet applicable safety and facility requirements. We may isolate equipment presenting an immediate physical or network risk and will notify you promptly where lawful.

Your equipment remains yours. On termination, the parties will arrange safe collection within the agreed period. Any storage charge, lien, disposal or sale must have a valid contractual and legal basis and any required notice; termination alone does not transfer ownership to us.

Connectivity orders must specify handoff points, capacity, any committed rate, traffic measurement method, addressing and dependencies such as cross-connects or local loops. Third-party cancellation costs are chargeable only as disclosed and agreed. Internet paths and latency beyond a specifically agreed commitment are not guaranteed.

IP addresses and other network resources allocated with a service are rights of use, not a sale of ownership, unless expressly agreed. We may need to renumber resources for technical or registry reasons, with reasonable notice and transition assistance where practicable. Customer-provided address space requires valid authority to announce and use it.

We may restrict an affected service when reasonably necessary to address a material breach, a credible security threat, unlawful activity, a binding legal requirement or unpaid undisputed charges. We will choose a proportionate measure and avoid disrupting unaffected services where practicable.

For a remediable breach or overdue undisputed payment, we normally give written notice and at least 10 calendar days to resolve it. We may act immediately where delay would create a serious security, legal, physical or network risk, or the breach cannot reasonably be remedied. We will explain the reason and steps for restoration as soon as lawful and practicable.

Either party may terminate an affected service for a material breach that remains unresolved 30 days after written notice, or immediately where a serious breach cannot be remedied. A suspension is not permission to delete data immediately; section 11 and the DPA continue to apply, subject to lawful preservation or emergency requirements.

Where you terminate for our uncured material breach, we refund prepaid recurring charges for the unused affected service period. Where we terminate for your uncured material breach, accrued charges and expressly agreed termination charges remain payable, subject to applicable law and our duty to avoid recoverable losses where required. We do not impose an automatic forfeiture of all prepaid amounts merely because a service was suspended.

Plan your migration before cancellation. Unless your order provides a longer period, we will make existing Customer Data within our control available for export for 30 days after termination, using the service's available export methods or an agreed secure method. This is an export period, not a promise to keep production workloads running or recover data already deleted on your instructions. We may restrict access for security reasons and arrange an alternative where lawful and technically feasible.

After that export period, we delete remaining active copies within a further 30 days. Residual provider-controlled backup copies, if any, are overwritten or deleted no later than 90 days after termination. Until then they remain protected, isolated from ordinary use and subject to deletion if restored. Legally required preservation is limited to the required information and period. The DPA gives you the applicable choice of return or deletion for personal data and takes priority on that subject.

Any separately requested migration work or extended retention must be agreed, including its price. Ordinary data return and deletion obligations are not conditioned on paying a disputed invoice. Colocation data held solely on your own equipment is returned through equipment collection; we cannot export or erase data we cannot access or control.

Each party confirms that it has authority to enter the agreement. We will deliver the agreed service using reasonable care and skill. We do not promise that a service will be uninterrupted, error-free or suitable for a requirement you have not disclosed and we have not accepted.

Except for express commitments and non-excludable legal rights, we exclude implied warranties to the extent permitted by law. Services are not designed as the sole safeguard for life-support, emergency control or other uses where failure could directly cause death or serious injury. Any such requirement needs a separately assessed and agreed solution.

For business customers, neither party is liable for indirect or consequential losses, lost profits, lost business opportunities or loss of anticipated savings to the extent permitted by law. Reasonable direct costs of restoring data caused by a party's breach are not excluded merely because they relate to data, but remain subject to the applicable liability cap.

For business customers, each party's total aggregate liability arising from the agreement is limited to the fees paid or payable for the affected services in the 12 months before the event giving rise to the claim. For a breach of confidentiality or obligations under the DPA, the aggregate cap is twice that amount instead of the ordinary cap. Related events are treated as one claim for calculating the applicable cap; the caps do not stack.

These exclusions and caps do not limit payment obligations, fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or liability that cannot lawfully be limited. They do not restrict an individual's rights under mandatory data protection law, a regulator's powers or liability governed by mandatory international transfer clauses. Each party remains responsible for third-party claims to the extent attributable to its own conduct; these Terms do not create a separate unlimited indemnity.

Neither party is responsible for delay caused by an event outside its reasonable control that could not reasonably have been prevented or overcome. The affected party must notify the other, mitigate the impact and resume performance promptly. Routine equipment failures, foreseeable capacity shortages or a subcontractor's failure are not automatically excused on this basis.

If the event prevents delivery of an affected service for more than 30 consecutive days, either party may terminate that service. We will refund prepaid recurring charges for the undelivered period. Payment for services already delivered remains due.

We may update these Terms or the Fair Usage Policy for future orders. For an existing subscription, a materially adverse change requires at least 30 days' advance notice and takes effect at renewal unless you expressly agree otherwise. You may cancel the affected service before the change applies. Changes needed sooner to comply with law or address an urgent security risk will be limited to what is reasonably necessary, with as much notice as practicable.

We will give at least 90 days' notice before retiring a generally available service, unless a legal or urgent security requirement makes that impossible. We will discuss migration options and refund prepaid charges for a period we cannot deliver. A materially different substitute requires your agreement.

Please first send a description of the dispute and requested resolution to legal@ipxon.com. Both parties will try in good faith to resolve it for 30 days, without preventing urgent relief or a filing needed to preserve a legal deadline.

The agreement is governed by the laws of the State of Delaware, United States. The courts with jurisdiction are the state and federal courts located in the State of Delaware. This choice does not override mandatory local rights or the governing-law and court provisions in mandatory international transfer clauses.

We send contractual notices to the billing or legal contact in your account. Keep that address current. Notices are effective when delivered, subject to any mandatory notice rules; an automatic delivery failure is not successful delivery. Routine service communications may also appear in the portal.

Neither party may transfer the agreement without the other's consent, not unreasonably withheld, except to an affiliate or successor in a merger or sale of the relevant business if it assumes the obligations and the transfer does not materially reduce the other party's protections. Data transfer restrictions continue to apply.

The agreement is the complete understanding for its subject matter. If a provision is unenforceable, the remaining provisions continue to apply. A failure to enforce a provision is not a waiver. Neither party can bind the other as its agent. Provisions intended to survive termination, including payment, confidentiality, data protection, liability and dispute resolution, continue for their applicable duration.

If you buy mainly outside your trade or profession, mandatory protections in your country continue to apply. The business liability caps and business loss exclusions in section 12 do not apply to you. We remain responsible for reasonably foreseeable loss caused by our breach or failure to use reasonable care and skill, subject to applicable law.

Before purchase, we will show the total price, recurring charges, duration, cancellation arrangements and any applicable withdrawal information. We will send a confirmation you can retain. We do not use a statement that all purchases are “B2B” to remove consumer rights.

Where you have a statutory cooling-off or withdrawal right, you may exercise it through legal@ipxon.com or the withdrawal function provided in the purchase interface. For covered distance service contracts with consumers in the European Union, the ordinary withdrawal period is 14 days after the contract is concluded. Other countries may provide different periods or remedies. A longer mandatory period takes priority.

If you expressly request service to begin during a withdrawal period and then withdraw, we may charge only the proportionate amount permitted by the applicable rules for service actually provided. Starting an ongoing infrastructure subscription does not by itself remove the withdrawal right. Any legally permitted loss of that right requires the specific information, express request or consent, acknowledgement and completion conditions applicable to that service; we do not use a blanket digital-download waiver for infrastructure services.

You may send a simple statement identifying the order and your decision to withdraw. For example: “I withdraw from my contract for [service/order], concluded on [date]. My name is [name] and my account email is [email].” This wording is optional. We make any legally required standard form and online withdrawal function available before purchase.

A legally required refund is made within the applicable deadline; for covered EU withdrawal requests, this is ordinarily within 14 days after we are informed. Payment is returned through the original payment method unless you expressly agree otherwise without extra cost. Defective or undelivered services remain subject to applicable repair, price reduction, cancellation or refund remedies.

An exclusive business forum does not prevent you from bringing a claim in a court available to you under mandatory consumer rules. We will not make materially adverse changes to your fixed-term purchase without a valid legal basis and the notice, consent or cancellation rights required by law.

A1. Covered components and measurement

The commitment is 99.98% monthly availability, measured separately for each eligible datacenter or connectivity component identified in the accepted order. The order must identify the facility or circuit, handoff point, required redundancy and fee attributable to each covered component. A better expressly agreed SLA takes priority.

For a datacenter component, unavailability means failure of the contracted facility power at the agreed customer handoff, or failure of contracted environmental conditions that makes the customer's compliant equipment unable to operate. If the order requires dual power feeds and correctly connected dual-power equipment, power unavailability means failure of both required feeds. The order must specify any relevant environmental thresholds; no unpublished threshold is imposed after an incident.

For connectivity, unavailability means the contracted connection cannot pass traffic at the agreed handoff because of a failure within the contracted service. Customer application errors or a single unreachable destination elsewhere on the Internet do not by themselves establish that condition. Committed throughput, latency or packet-loss guarantees require separate stated measurements.

Availability = 100 × (eligible service minutes − unavailable eligible minutes) / eligible service minutes. Eligible minutes are the minutes in the calendar month during which the component was contracted to be active, less a properly evidenced exclusion. Measurements use UTC. If there are no eligible minutes, no percentage is calculated. For illustration, 99.98% corresponds to 8.64 unavailable minutes in a full 30-day month without exclusions; this is not a planned downtime allowance.

We use monitoring and incident records and consider credible customer evidence. Downtime starts when the covered failure actually began based on available evidence, not only when a ticket was opened, and ends when the component is restored. There is no separate minimum outage duration that erases shorter measured interruptions.

A2. Credits

The fee base excludes setup, hardware purchases, taxes and unrelated services. For an annual prepayment, use the monthly equivalent of the affected component. The order must state a reasonable allocation for bundled fees. Credits for overlapping failures of the same component do not stack, and total availability credits for a component cannot exceed its recurring fee for that month.

Submit a request through support@ipxon.com within 60 days after the affected month ends, identifying the service, approximate times and any available evidence. We will not require information only we can access. We aim to determine a complete request within 15 business days and apply an approved credit on the next invoice. If the affected service has ended and no future invoice is due, we refund the approved unused credit. Mandatory consumer remedies are unaffected.

A3. Exclusions and repeated failures

An exclusion applies only to the period and extent we show were caused by: customer equipment or configuration outside our responsibility; a lawful and justified suspension; an event meeting the force-majeure test in section 13; or a network outside the agreed service boundary. An attack, an upstream provider failure or a utility failure is not automatically excluded if it falls within the service or protection we agreed to provide.

Planned maintenance is excluded only if its permitted window and maximum excluded duration were expressly agreed in the order and the required advance notice was given. Without those agreed conditions, affected minutes count. Emergency maintenance is not automatically excluded merely because it is urgent.

If the same component falls below 99.98% in three months within a rolling six-month period, you may terminate the affected service without an early termination charge by giving notice within 30 days after the third affected month's result is established. We refund unused prepaid recurring fees. Credits are the contractual remedy for an isolated covered availability shortfall, subject to the separate remedies and mandatory rights preserved in sections 7 and 16.