Terms of Service

Effective Date: November 30, 2024

Welcome to CloudSoft! These Terms of Service (“Terms”) govern your access to and use of CloudSoft’s services, including digital marketing, software development, app development, web development, email marketing, and related offerings (collectively referred to as the “Services”). By engaging with CloudSoft or accessing our website, you agree to comply with and be bound by these Terms.

If you do not agree to these Terms, please discontinue using our Services immediately.

Definitions

• “CloudSoft,” “we,” “us,” or “our” refers to CloudSoft Private Limited, headquartered in Islamabad, Pakistan.
• “Client,” “you,” or “your” refers to the individual or entity engaging CloudSoft for Services.
• “Agreement” refers to the legally binding arrangement formed upon acceptance of these Terms.
• “Deliverables” means the output of the Services provided to the Client.

Scope of Services

CloudSoft provides a range of digital and development services, including:

• Digital marketing strategy and implementation (SEO, PPC, social media).
• Custom software development.
• Mobile app development for iOS and Android.
• Web development and e-commerce solutions.
• Email marketing campaigns.
• Analytics, tracking, and reporting services.

Specific services and deliverables will be detailed in the signed contract or project agreement for each engagement.

Client Responsibilities

To enable successful project completion, the Client agrees to:

• Provide accurate and complete information about project requirements.
• Supply all necessary materials (e.g., logos, branding guidelines) in a timely manner.
• Approve deliverables or provide feedback within specified timelines.
• Maintain access to accounts and platforms needed for project execution (e.g., hosting, email, advertising accounts).
• Comply with applicable laws, including intellectual property, data protection, and marketing regulations.

Failure to meet these responsibilities may impact project timelines or outcomes, for which CloudSoft will not be held liable.

Fees, Payment, and Taxes

Fee Structure

• Fees for Services will be outlined in your signed proposal or invoice.
• Fixed-price, milestone-based, or retainer agreements may apply depending on the nature of the project.

Payment Terms

• Payment is due as per the timeline specified in the invoice or contract.
• Late payments may incur a late fee of 1.5% per month or the maximum allowed by law.

Taxes

All applicable taxes (e.g., VAT, sales tax) are the responsibility of the Client and will be included in the invoice, where required by law.

Intellectual Property

Ownership of Deliverables

• Upon full payment, the Client will own the final deliverables unless otherwise specified.
• CloudSoft retains the right to showcase non-confidential work in its portfolio or marketing materials.

Pre-Existing IP

Any pre-existing intellectual property, software libraries, or tools owned by CloudSoft or third-party providers will remain their sole property.

Client-Provided Materials

The Client warrants that any materials provided to CloudSoft (e.g., content, images, data) are owned by the Client or used with proper authorization.

Confidentiality

Both parties agree to maintain the confidentiality of all proprietary or sensitive information shared during the engagement. Exceptions include:

• Information that becomes publicly available without breach.
• Data disclosed under legal obligations or regulatory compliance.

Data Protection and Privacy

CloudSoft adheres to global data protection laws, including GDPR and CCPA, to safeguard Client and user data.

• Personal data collected during project execution will be handled per our Privacy Policy.
• The Client is responsible for obtaining end-user consent where required by law.

Project Timelines and Deadlines

CloudSoft will work diligently to meet agreed timelines. However:

• Delays caused by the Client (e.g., late approvals or incomplete information) may result in timeline adjustments.
• Deadlines may be adjusted for scope changes or unforeseen circumstances.

Revisions and Change Requests

Revision Policy

• Standard revisions are included as specified in your project agreement.
• Additional revisions may be subject to additional fees.

Scope Creep

Changes to the agreed scope of work will require a formal change order and may incur extra costs or extended timelines.

Termination

By the Client

The Client may terminate the agreement by providing 15 days’ written notice. Refunds, if applicable, will be calculated based on work completed.

By CloudSoft

CloudSoft may terminate the agreement for non-payment, breach of terms, or if the Client engages in unlawful activities.

Effect of Termination

Upon termination:

• All work completed up to that point will be invoiced and must be paid.
• Any licenses, deliverables, or access rights granted will be revoked.

Warranties and Disclaimers

Limited Warranty

CloudSoft warrants that:

• Services will be performed professionally and in accordance with industry standards.
• Deliverables will substantially conform to agreed specifications.

Disclaimers

• CloudSoft makes no guarantees regarding third-party tools, platforms, or outcomes (e.g., SEO rankings, ad performance).
• Services are provided “as is,” and CloudSoft disclaims all other warranties, express or implied.

Liability and Indemnification

 Limitation of Liability

CloudSoft will not be liable for:

• Indirect, incidental, or consequential damages.
• Loss of revenue, data, or profits.
  Our total liability is limited to the amount paid by the Client for the specific service.

Indemnification

The Client agrees to indemnify and hold CloudSoft harmless from any claims, damages, or legal fees arising from:

• Misuse of Services.
• Breach of these Terms.
• Intellectual property infringement by Client-provided materials.

Force Majeure

CloudSoft is not liable for delays or failures caused by events beyond its control, including natural disasters, cyberattacks, or governmental actions.

Governing Law and Dispute Resolution

These Terms are governed by the laws of Pakistan. Disputes will first be attempted to be resolved amicably. If unresolved, disputes will be subject to arbitration in Islamabad.

Updates to Terms

CloudSoft reserves the right to modify these Terms at any time. Changes will be effective upon posting on our website or notifying the Client directly.

Contact Information

If you have questions or concerns about these Terms, contact us:

• Email: support@cloudsoft.com
• Phone: +92 (331) 5789990
• Address: 3rd Floor, Plot 339, Alkhairi Plaza,Main PWD Road, PWD housing Society, D Sector, Islamabad, 44000