Cloudesk

Cloudesk

Operated by New Tech Solution · International USD services · Jurisdiction: Gautam Budh Nagar, Uttar Pradesh

Terms of Service

Last Updated: October 22, 2026  |  Operating Entity: New Tech Solution

1. Agreement to Terms & Commercial Basis

By accessing or using www.cloudesk.work (the "Service" or "Platform"), operated by New Tech Solution ("we", "us", or "our"), you ("Client", "Customer", or "You") agree to be legally bound by these Terms of Service. If you disagree with any part of these terms, you do not have permission to access or use the Service.

Commercial B2B Service: The Service is offered strictly as a business-to-business (B2B) commercial service for professional development, commercial software products, and business systems. The individual accepting these Terms represents and warrants that they possess full legal authority to bind the contracting business entity.

2. Dedicated Team Subscription Model

Cloudesk provides on-demand, flexible software development seats (Weekly or Monthly packages). Each seat grants dedicated engineering capacity for website development, backend systems, mobile applications, UI/UX design, and AI automation.

  • Single Point of Contact (Dedicated PM): Every active subscription is assigned a dedicated Project Manager (PM). All task scoping, backlog prioritization, timeline tracking, and quality control (QC) are conducted through your dedicated PM.
  • Backend Developer Workflows: Coders and technical specialists work in deep focus backend environments to maximize code velocity and accuracy. Developers do not conduct direct unscheduled calls; all requests, feedback, and deliverables flow through the PM in chat.
  • Working Hours & Live Overlap: Our standard engineering shift operates from 3:00 PM to 11:30 PM IST (Indian Standard Time). This guarantees 7–8 hours of live overlap with UK & Europe (GMT/BST) and 5–6 hours of live overlap with the US East Coast (EST).

3. Intellectual Property Rights & Code Transfer Gate

We take intellectual property integrity and client asset security with paramount seriousness:

  • Client Work Product Ownership: Upon full payment of the subscription and formal delivery or repository handover, all custom code, designs, and digital assets developed specifically for the Client become 100% the sole intellectual property of the Client.
  • 7-Day Trial Staging Evaluation: During the initial 7-Day Risk-Free Trial, all work product is built and demonstrated solely on Cloudesk-hosted staging preview environments. Intellectual property and raw source code files remain exclusively with Cloudesk until formal transfer.
  • Source Code Transfer Hard-Lock: Requesting or accepting the transfer, clone, or export of the source code repository (GitHub, GitLab, Bitbucket, zip archive, or direct push) permanently concludes the trial and waives all rights to cancellation or refunds as set forth in our Refund & Cancellation Policy.
  • Cloudesk Proprietary Tooling: Internal scaffolding tools, boilerplates, testing frameworks, and platform codebases remain the exclusive property of Cloudesk.

4. 7-Day Risk-Free Trial & Cancellation

New subscription clients enjoy a 7-Day Risk-Free Trial:

  • The Client may evaluate communication, velocity, and staging preview builds for 7 calendar days.
  • If dissatisfied, the Client may cancel within 7 days for a 100% refund (less payment gateway fees), provided no source code, repository access, or raw files have been requested or transferred.
  • The exact moment source code or repository access is requested or delivered, the trial terminates immediately, and the transaction is final and non-refundable.

5. Payments, Renewals & Billing

Cloudesk subscriptions are prepaid on a recurring Weekly or Monthly cycle. Invoices are billed in USD via secure payment gateways.

  • Subscriptions renew automatically at the conclusion of each billing period unless cancelled.
  • Clients may cancel recurring renewals at any time through their dashboard or by notifying their PM. Upon renewal cancellation, work continues through the paid period's end date.
  • Disputes or chargebacks filed without prior coordination constitute a breach of these Terms, triggering immediate termination and dispute recovery penalties.

6. Developer Replacement & Quality Guarantee

If the Client is dissatisfied with an assigned developer's technical performance, Cloudesk provides a Free Developer Swap within 24 to 48 business hours. In-scope bugs and defects are refactored under the active subscription at no additional cost.

7. Confidentiality & Non-Disclosure

All proprietary information, product roadmaps, Google Drive files, API keys, and business data shared by the Client with Cloudesk are treated with strict confidentiality under bilateral NDA principles. Cloudesk will never sell, lease, or use client data or code for public AI training or external distribution.

8. Conspicuous Warranty Disclaimer & Limitation of Liability

CONSPICUOUS WARRANTY DISCLAIMER (UNIFORM COMMERCIAL CODE & GLOBAL LAW):

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE AND ALL WORK PRODUCT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOUDESK (NEW TECH SOLUTION) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

CLOUDESK DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, BUG-FREE, COMPLETELY SECURE, OR COMPATIBLE WITH EVERY FUTURE OPERATING ENVIRONMENT OR THIRD-PARTY API UPDATE.

Limitation of Liability: In no event shall New Tech Solution, its officers, employees, or contractors be liable for any indirect, consequential, punitive, special, or incidental damages, including without limitation lost revenue, lost profits, business interruption, loss of goodwill, or data loss, arising out of or in connection with the services. Cloudesk's maximum aggregate cumulative liability under any and all claims shall not exceed the total subscription fees actually paid by the Client to Cloudesk during the one (1) month immediately preceding the event giving rise to liability.

9. Regional Statutory Compliance (United States, United Kingdom, Australia)

9.1 United States Specific Provisions

  • Commercial Agreement Status: Services provided are commercial B2B transactions negotiated and entered into between commercial enterprises, and are exempt from consumer-oriented door-to-door cooling-off rules.
  • DMCA Copyright Agent Notice (17 U.S.C. § 512): If you believe any content or asset hosted on our platform infringes your copyright, submit a formal notice to our designated agent at support@cloudesk.work specifying the copyrighted work, URL/location, and your sworn statement.
  • Trade Sanctions & Export Compliance (EAR/OFAC): The Client represents that neither it, its affiliates, nor its personnel are subject to sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) or located in an embargoed territory.

9.2 United Kingdom & European Union Provisions

  • Statutory Cancellation Waiver (Consumer Contracts Regulations 2013): Under Regulations 36 and 37 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Client expressly requests and acknowledges that the performance of services begins immediately upon sprint kickoff. The Client agrees that any statutory cooling-off period is waived once digital service performance commences, and that cancellation rights permanently expire upon receipt of source code repositories or expiration of the 7-day staging preview trial.
  • Consumer Rights Act 2015: Where applicable, digital content and services are supplied with reasonable care and skill. Any non-conformity is remedied through our Free Developer Swap and revision workflows.
  • Taxes & VAT Reverse-Charge: Subscription amounts are exclusive of applicable taxes. For UK and EU business clients, payments are treated under the B2B cross-border reverse-charge mechanism where applicable; clients are responsible for self-accounting for local VAT/GST.

9.3 Australian Consumer Law (ACL) Mandatory Notice

🇦🇺 MANDATORY STATUTORY NOTICE FOR AUSTRALIAN CLIENTS:

Nothing in these Terms of Service or our Refund Policy purports to exclude, restrict, or modify any statutory guarantee, right, or remedy conferred on the Client by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law (ACL)) or any other applicable Australian law that cannot lawfully be excluded, restricted, or modified.

Pursuant to Section 64A of the Australian Consumer Law, to the extent that Cloudesk is liable for a failure to comply with a consumer guarantee in respect of services not of a kind ordinarily acquired for personal, domestic, or household use, Cloudesk's liability is strictly limited, at Cloudesk's sole election, to:

  • (a) Supplying the software engineering services again (including Free Developer Swap); or
  • (b) Paying the reasonable cost of having the services supplied again.

Australian GST & ABN: Supplies to Australian business entities are conducted as offshore cross-border B2B digital supplies. Australian business customers must provide their Australian Business Number (ABN) upon request.

10. Mutual Class Action Waiver & Dispute Resolution

Mutual Class Action Waiver: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

Mandatory Good-Faith Negotiation: Before initiating any formal legal dispute, the parties agree to submit the matter to executive leadership for good-faith amicable negotiation for a period of not less than thirty (30) calendar days.

11. Governing Law & Exclusive Jurisdiction

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

Exclusive Jurisdiction Clause

Subject to applicable non-excludable statutory rights under local consumer legislation, the parties irrevocably submit to the exclusive personal jurisdiction and venue of the competent courts situated in Gautam Buddha Nagar, Uttar Pradesh, India for the resolution of any claim, dispute, or judicial proceeding arising out of or relating to Cloudesk.work.

12. Contact Information

For inquiries regarding these Terms of Service, contact:

  • Phone / Support Line: +1 (531) 455-5287
  • Email: support@cloudesk.work
  • Operating Entity: New Tech Solution (GSTIN 09CCQPM2965L1ZQ), registered in India.
  • Principal Place of Business: B 273, Sector Omicron 3, Greater Noida, Gautam Buddha Nagar, UP 201310, India.
  • Website: www.cloudesk.work