Terms of Service
Effective Date: May 3, 2025
1. Introduction
Welcome to CloudQuish LLC("CloudQuish," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website at cloudquish.com and the business-to-business ("B2B") software development and engineering services we provide.
By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
CloudQuish LLC is a Limited Liability Company organized under the laws of the State of Wyoming. Our registered agent address is Republic Registered Agent LLC, 5830 E 2nd St Ste 7000, Casper, WY 82609.
2. Nature of the Website
This website serves as a marketing and informational resource for CloudQuish's services. It is not a software platform, portal, or application. Visitors may browse information about our services and submit inquiries through our contact form.
No user accounts, subscriptions, or online transactions are conducted through this website. All service engagements, project scoping, and payment arrangements are handled directly between CloudQuish and the client.
3. Services
CloudQuish provides B2B software development and engineering services, including but not limited to:
- End-to-end custom software development and delivery
- Custom technical architecture design and implementation
- Engineering team augmentation and dedicated development teams
- Quality assurance, testing, and DevOps/cloud infrastructure
- MVP development and product engineering
All services are delivered pursuant to a separate Statement of Work ("SOW") or Service Level Agreement ("SLA") executed between CloudQuish and the Client. These Terms apply in addition to any SOW or SLA. In the event of a conflict, the signed SOW or SLA shall prevail.
4. Client Engagement & Project Delivery
Our service delivery follows a structured agile methodology:
- Discovery & Scoping: Requirements gathering, technical assessment, and project roadmap definition.
- Team Assembly: Selection and onboarding of vetted engineering talent aligned with project requirements.
- Sprint-Based Build: Iterative development cycles with regular demos, daily standups, and transparent progress reporting.
- Scale & Handoff: Production deployment, documentation delivery, knowledge transfer, and ongoing support as agreed.
Specific timelines, milestones, deliverables, and acceptance criteria are defined in the applicable SOW.
5. Payment Terms
Fees for services are outlined in the applicable SOW or SLA. Unless otherwise agreed in writing:
- Invoicing: Invoicing is monthly with transparent breakdowns tailored to the engagement type — whether staff augmentation, dedicated teams, or project-based development. All billing terms and schedules are outlined in the Service Level Agreement (SLA).
- Payment Method: The payment method and processor for each engagement are discussed and agreed upon between CloudQuish and the client during onboarding. We support various payment methods to accommodate client preferences.
- Payment Due: Invoices are due within fifteen (15) days of issuance unless otherwise specified in the SOW.
- Late Payment: Overdue invoices may accrue interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. CloudQuish reserves the right to suspend services for accounts with invoices overdue by more than thirty (30) days.
6. Intellectual Property
- Work Product:All custom software, code, designs, documentation, and deliverables created by CloudQuish specifically for a Client ("Work Product") shall be assigned to the Client upon full and final payment of all associated invoices.
- Pre-Existing IP: CloudQuish retains all rights to pre-existing tools, frameworks, libraries, and methodologies. Where such materials are incorporated into Work Product, the Client is granted a perpetual, non-exclusive, royalty-free license to use them as part of the delivered Work Product.
- Open Source: Any open-source components incorporated into deliverables will be disclosed and remain subject to their respective open-source licenses.
- Retention Until Payment: Until full payment is received, CloudQuish retains all intellectual property rights in the Work Product. No transfer of ownership occurs until all outstanding invoices related to the project are settled.
7. Confidentiality
Both parties agree to treat all non-public business, technical, and financial information disclosed during the engagement as confidential ("Confidential Information"). Confidential Information shall not be disclosed to third parties without prior written consent, except as required by law or to authorized subcontractors bound by equivalent confidentiality obligations.
This obligation survives the termination of any engagement for a period of three (3) years.
8. Warranties & Disclaimers
CloudQuish warrants that services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
CloudQuish does not warrant that software deliverables will be error-free or uninterrupted. Post-delivery bug fixes and maintenance are subject to a separate maintenance agreement.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOUDQUISH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES PROVIDED.
CloudQuish's total aggregate liability under these Terms shall not exceed the total fees paid by the Client to CloudQuish during the twelve (12) months preceding the event giving rise to the claim.
10. Termination
Either party may terminate an engagement with thirty (30) days' written notice, unless otherwise specified in the SOW. Upon termination:
- The Client shall pay for all services rendered and expenses incurred up to the effective date of termination.
- CloudQuish will deliver all completed Work Product for which payment has been received.
- Sections regarding Confidentiality, Intellectual Property, Limitation of Liability, and Governing Law shall survive termination.
11. Indemnification
The Client agrees to indemnify and hold harmless CloudQuish, its officers, employees, and contractors from any claims, damages, or expenses (including reasonable attorney's fees) arising from: (a) the Client's use of the deliverables in a manner not contemplated by the SOW; (b) the Client's violation of any applicable law; or (c) any third-party claims related to the Client's products or services that incorporate CloudQuish's Work Product.
12. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. Any disputes arising under these Terms shall first be subject to good-faith negotiation. If unresolved within thirty (30) days, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with proceedings held in Wyoming or remotely as mutually agreed.
13. Modifications
CloudQuish reserves the right to update these Terms at any time. Material changes will be posted on this page with an updated effective date. Continued use of the website or services after changes are posted constitutes acceptance of the revised Terms.
14. Contact
For questions about these Terms, please contact us at:
- Email: [email protected]
- Phone: +1 267 206 3284
- Registered Address: Republic Registered Agent LLC, 5830 E 2nd St Ste 7000, Casper, WY 82609