Terms of Service

These Terms of Service ("Terms") govern the provision of development and design services ("Services") by Codeclouds IT Solutions Pvt Ltd ("DEVELOPMENT AGENCY") to the customer ("CUSTOMER"). By engaging the DEVELOPMENT AGENCY's Services, CUSTOMER agrees to be bound by these Terms.

• 2.1. The Company shall provide development services as agreed upon with CUSTOMER. The specifics of the Services, including deliverables, timelines, and milestones, will be outlined in a separate “Developer Service Agreement” and/or “Statement of Work”.
• 2.2. The Company reserves the right to subcontract any portion of the Services to third-party contractors, provided that such subcontracting does not affect the quality or timely delivery of the Services.

• 3.1. The CUSTOMER shall pay the Company the fees as agreed upon in the applicable “Developer Service Agreement” and/or “Statement of Work” agreed upon.
• 3.2. Payment terms, including invoicing schedules and accepted payment methods, shall be specified in the “Developer Service Agreement”.
• 3.3. All fees are non-refundable unless otherwise specified in the “Developer Service Agreement”.

• 4.1. The CUSTOMER shall retain all intellectual property rights to any materials or content provided to the Company for the purpose of the Services.
• 4.2. Any intellectual property created as a result of the Services, including but not limited to software code, designs, and documentation, shall belong to CUSTOMER upon full payment of all fees.

• 5.1. The Company and CUSTOMER agree to maintain the confidentiality of any proprietary or confidential information disclosed during the provision of the Services as governed by the terms of an agreed upon “Developer Service Agreement” and/or “Non-Disclosure Agreement”.
• 5.2. Confidential information shall not be disclosed to any third party without the express written consent of the disclosing party.

The DEVELOPMENT AGENCY will be responsible for the quality of work and the suitability of personnel assigned to complete this work, as agreed upon with CUSTOMER in the “Developer Service Agreement” and “Statement of Work”.

• 7.1. Any disputes arising out of or relating to these Terms or the provision of Services shall be resolved through good faith negotiations between the parties.
• 7.2. If the parties are unable to resolve a dispute through negotiations, they agree to submit the dispute to mediation before resorting to litigation.

• 8.1. Refunds:
  • a. If the Customer cancels the Services prior to commencement, a full refund will be issued.
  • b. If the Customer cancels the Services after commencement but before completion, a pro-rated refund may be issued based on the work completed up to the cancellation date.
  • c. No refunds will be issued after the completion of the Services.
• 8.2. Cancellations:
  • a. The Customer may cancel the Services by providing notice to the Company at [email protected]
  • b. The Company reserves the right to cancel the Services if the Customer breaches these Terms or fails to make payment as agreed upon.

• 9.1. In no event shall the Company be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the provision of Services.
• 9.2. The Company's total liability under these Terms shall not exceed the total fees paid by CUSTOMER for the Services.

These Terms shall be governed by and construed in accordance with the laws in the region of Kolkata and country of India without regard to its conflict of law provisions.

The Company reserves the right to amend these Terms at any time by providing written notice to CUSTOMER. Continued use of the Services after such notice shall constitute acceptance of the amended Terms.

If you have any questions or concerns regarding these Terms, please contact us at [email protected]