Welcome to CloudGenZ Technologies Pvt Ltd ("Company", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your use of our website www.cloudgenz.com ("Website") and the IT services provided by us. By accessing our Website or engaging our services, you agree to be bound by these Terms.
1. About the Company
CloudGenZ Technologies Pvt Ltd is a company incorporated under the Companies Act, 2013, with its registered office in Ahmedabad, Gujarat, India. We provide IT services including but not limited to web development, mobile application development, digital marketing, graphic design, cloud computing solutions, custom software development, and IT support and maintenance.
2. Eligibility
By using our Website or services, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are accessing our services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
3. Services
We offer a range of IT services as described on our Website. The scope, deliverables, timelines, and pricing for each project shall be agreed upon in a separate Service Agreement or Statement of Work (SOW) between the Company and the Client.
- All services are subject to availability and acceptance by the Company.
- We reserve the right to modify, suspend, or discontinue any service at any time with prior notice.
- Specific terms related to individual services may be outlined in separate agreements.
4. Payment Terms
- Payment terms shall be as specified in the Service Agreement or SOW.
- Unless otherwise agreed, an advance payment may be required before commencement of work.
- All payments shall be made in the currency specified in the invoice.
- Late payments may attract interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.
- All applicable taxes, including GST (Goods and Services Tax), shall be borne by the Client as per Indian tax laws.
5. Intellectual Property
- All intellectual property rights in the deliverables created by the Company shall be transferred to the Client only upon receipt of full payment.
- The Company retains the right to use general knowledge, skills, and experience acquired during the performance of services.
- The Company may showcase completed projects in its portfolio unless otherwise agreed in writing.
- Any pre-existing intellectual property of the Company used in the deliverables shall remain the property of the Company, with a licence granted to the Client for use.
6. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of the engagement. This obligation shall survive the termination of the agreement for a period of two (2) years.
7. Client Responsibilities
- Provide timely and accurate information, content, and feedback as required for the project.
- Ensure that all materials provided to the Company do not infringe upon any third-party rights.
- Designate a point of contact for communication regarding the project.
- Review and approve deliverables within the agreed timelines.
8. Warranties and Disclaimers
- The Company warrants that services will be performed in a professional and workmanlike manner.
- We provide a warranty period of 30 days from the date of delivery for bug fixes related to the delivered work.
- Except as expressly stated herein, all services are provided "as is" without any warranties, express or implied.
- The Company does not guarantee specific results, rankings, or outcomes from digital marketing or SEO services.
9. Limitation of Liability
To the maximum extent permitted by applicable law, the Company's total liability for any claims arising out of or related to these Terms or the services shall not exceed the total amount paid by the Client for the specific service giving rise to the claim. The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
10. Termination
- Either party may terminate the engagement by providing 15 days' written notice.
- The Company may terminate immediately if the Client breaches any material term of the agreement.
- Upon termination, the Client shall pay for all work completed up to the date of termination.
- Termination does not affect any rights or obligations that have accrued prior to termination.
11. Indemnification
The Client agrees to indemnify and hold harmless the Company, its directors, employees, and agents from any claims, damages, losses, or expenses arising out of the Client's breach of these Terms or any misrepresentation made by the Client.
12. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, war, strikes, or internet/power outages.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Ahmedabad, Gujarat, India.
14. Dispute Resolution
In the event of any dispute, the parties shall first attempt to resolve the matter amicably through good faith negotiations. If the dispute is not resolved within 30 days, it shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Ahmedabad, Gujarat, India.
15. Amendments
The Company reserves the right to update or modify these Terms at any time. Any changes will be posted on this page with an updated "Last Updated" date. Continued use of our Website or services after such changes constitutes acceptance of the revised Terms.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17. Contact Information
If you have any questions about these Terms, please contact us:
CloudGenZ Technologies Pvt Ltd
Ahmedabad, Gujarat, India
Email: contact@cloudgenz.com
Phone: +91 98258-45423