Cloudesk

Cloudesk

Part of New Tech Solution · International USD services · Jurisdiction: Gautam Budh Nagar, Uttar Pradesh

Refund & Cancellation Policy

Effective Date: October 22, 2026  |  Website: www.cloudesk.work  |  Legal Entity: New Tech Solution  |  Support: support@cloudesk.work

1. Overview & Acknowledgment

Cloudesk.work (operated by New Tech Solution) provides dedicated software engineering squads, web and mobile development, UI/UX design, database architecture, AI integration, and technical project management on a flexible subscription basis.

Due to the specialized, labor-intensive, and non-returnable nature of custom digital engineering, our services operate under clear, objective rules governing our 7-Day Risk-Free Trial and the strict Source Code Transfer Hard-Lock Gate.

By subscribing to a seat package, placing an order, or hiring a developer through Cloudesk.work, you ("Client", "Customer", or "You") explicitly acknowledge, accept, and agree to the binding conditions set forth in this Policy.

2. 7-Day Risk-Free Trial & The Source Code Transfer Gate

2.1 The 7-Day Risk-Free Trial Period

All new subscription seat packages (Weekly or Monthly plans) qualify for a 7-Day Risk-Free Trial Period commencing on the exact timestamp the dedicated Project Manager and assigned developer(s) begin the kickoff sprint.

During this 7-day period, the Client evaluates the team's engineering velocity, communication rhythm, code architecture, and problem-solving capability without financial risk.

2.2 Staging & Preview Environment Testing

To ensure complete risk-free evaluation while safeguarding proprietary trade assets, all work product, code executions, UI implementations, and software milestones during the 7-day trial are deployed and demonstrated exclusively within Cloudesk Staging Preview Environments (e.g., Cloudesk-hosted test URLs, sandbox environments, screen recordings, or interactive staging builds).

2.3 THE SOURCE CODE TRANSFER GATE (Immediate Termination of Cancellation & Refund Rights)

⚠️ CRITICAL MILESTONE: SOURCE CODE / REPO TRANSFER VOIDS ALL REFUND RIGHTS

The 7-Day Risk-Free Trial cancellation and refund eligibility is strictly valid ONLY SO LONG AS THE CLIENT HAS NOT REQUESTED, ACCESSED, OR RECEIVED RAW SOURCE CODE, GIT REPOSITORY TRANSFER, OR CODE EXPORTS.

The exact instant the Client requests or receives any of the following:

  • Source code repository ownership transfer (GitHub, GitLab, Bitbucket, etc.)
  • Raw source code files, zip archives, scripts, or database dump exports
  • Push access to the Client's own production or private repositories
  • Production deployment credentials or production live releases

THE 7-DAY TRIAL CONCLUDES IMMEDIATELY AND PERMANENTLY. THE SERVICE IS DEEMED 100% ACCEPTED AND COMPLETED, AND ALL CANCELLATION, CHARGEBACK, OR REFUND RIGHTS TERMINATE IRREVOCABLY.

Because software source code constitutes non-returnable digital intellectual property, taking possession or custody of the underlying source code constitutes final legal acceptance of all work performed. If a Client requests source code transfer on Day 1, Day 3, or Day 6 of the trial, all refund eligibility expires at that precise second.

3. Trial Cancellation & Refund Eligibility

  • Eligible for 100% Refund: If within the 7 calendar days of subscription kickoff, the Client determines that the team is not the right fit, and the Client HAS NOT requested or received source code repository access, raw file transfers, or code exports, the Client may submit a written cancellation notice. Cloudesk will issue a 100% refund of the paid subscription seat fee (minus third-party payment gateway transaction fees).
  • Non-Refundable Scenarios:
    • Any cancellation requested after the 7-day trial period has elapsed.
    • Any cancellation requested after the Client has requested, viewed, cloned, or received the source code repository or files.
    • Subsequent subscription renewal cycles (Weeks 2+, Months 2+).
    • Hours spent on third-party API costs, cloud hosting fees, or paid external licenses.

4. Operational Model & Communication Protocol

To ensure maximum developer focus, output velocity, and zero miscommunication:

  • Dedicated Project Manager (Single Point of Contact): Every Cloudesk seat includes a dedicated Project Manager (PM) who oversees your backlog, translates technical requirements, performs baseline Quality Control (QC), and provides daily progress reports.
  • Backend Developer Focus: Coders and technical specialists work in deep focus backend environments and do not engage in direct unscheduled calls. All communication flows seamlessly through the dedicated PM via the Cloudesk platform chat or integrated channels.
  • Shift Timings & Live Overlap: Our core engineering shift runs from 3:00 PM to 11:30 PM IST (Indian Standard Time). This provides a guaranteed 7–8 hours of live overlap with UK / Europe (GMT/BST) and 5–6 hours of live overlap with the US East Coast (EST).

5. Free Developer Swap & Quality Revisions

If during or after the trial, the Client feels the assigned specialist's velocity or technical skill set is misaligned with the project stack:

  1. Free Developer Swap: You may request a coder replacement through your Project Manager. We will assign a newly matched engineer within 24 to 48 business hours at zero additional cost.
  2. Unlimited In-Scope Revisions: Any bug, defect, or deviation from your original task specification will be refactored and patched by the team under the active seat without additional charges.

6. Chargeback Defense & Anti-Fraud Measures

Initiating a bank or credit card chargeback after receiving source code, preview deployments, or developer sprint output constitutes fraudulent conduct and a material breach of contract.

In the event of an unjustified chargeback:

  1. Cloudesk will immediately terminate all access, delete active staging instances, and revoke all intellectual property licenses granted to the Client.
  2. Complete technical audit logs (including Git commit hashes, staging preview access logs, chat timestamps, and PM task briefs) will be submitted to the acquiring bank and payment processor as conclusive proof of delivery.
  3. A $150 USD administrative dispute recovery charge will be assessed, and formal legal proceedings will be initiated in the designated court of jurisdiction.

7. Regional Statutory Rights Addendum (US, UK/EU, & Australia)

7.1 United States (UCC & Commercial Practice)

For US clients, subscriptions are commercial B2B contracts. The 7-Day Risk-Free Trial provides a complete contractual remedy for dissatisfaction prior to work product delivery. By taking delivery or transfer of custom code repositories, the transaction is finalized under Article 2 of the Uniform Commercial Code (UCC) as accepted custom digital goods.

7.2 United Kingdom & European Union (Consumer Contracts Regulations 2013)

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Regulations 36 & 37), the Client expressly requests that technical services begin immediately upon sprint kickoff. The Client acknowledges that statutory cancellation rights are superseded once custom digital services have commenced and conclude immediately upon repository transfer or expiration of the 7-day staging preview period.

7.3 Australia (Australian Consumer Law Mandatory Savings Notice)

🇦🇺 AUSTRALIAN CONSUMER LAW (ACL) GUARANTEE ACKNOWLEDGMENT:

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in this Policy excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded.

Under Section 64A of the Australian Consumer Law, for services that are not of a kind ordinarily acquired for personal, domestic, or household use, Cloudesk's liability for failure to comply with a consumer guarantee is limited, at Cloudesk's option, to:

  • (a) The re-supply of the software engineering services (via Free Developer Swap); or
  • (b) Payment of the cost of having the services re-supplied.

8. Governing Law & Exclusive Legal Jurisdiction

This Policy, the Terms of Service, and all legal transactions or disputes relating to Cloudesk.work (New Tech Solution) shall be governed by, interpreted, and enforced in accordance with the laws of the Republic of India.

Exclusive Territorial Jurisdiction

Subject to non-excludable statutory rights under applicable local consumer laws, the Client irrevocably agrees that any dispute, claim, litigation, arbitration, or legal proceeding arising out of or relating to Cloudesk.work, subscriptions, payments, code delivery, or intellectual property SHALL BE INSTITUTED AND DECIDED EXCLUSIVELY BY THE COMPETENT COURTS SITUATED IN GAUTAM BUDDHA NAGAR, UTTAR PRADESH, INDIA.

9. Cancellation Procedure

To invoke the 7-Day Risk-Free Trial cancellation prior to requesting source code transfer, or to request a Free Developer Swap, contact our billing desk immediately: