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Terms and Conditions

Last Updated: 7/30/2025

1. Agreement Overview

These Terms and Conditions ("Agreement") constitute a legally binding contract between CloudBitX, a technology services company based in the United States ("Company", "we", "us", "our"), and the client engaging our services ("Client", "you", "your"). By accepting our proposal, making payment, or using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

This Agreement supersedes all prior negotiations, representations, or agreements relating to the subject matter herein and may only be modified in writing signed by both parties.

2. Services Offered

CloudBitX provides comprehensive technology solutions across multiple domains:

Web Development

  • Custom Website Development
  • Web Portals and Applications
  • E-Commerce Stores and Platforms
  • Content Management Systems
  • API Development and Integration

Custom Software Development

  • Customer Relationship Management (CRM) Systems
  • Business Management Software
  • Database Design and Implementation
  • Enterprise Software Solutions
  • System Integration Services

Mobile App Development

  • Native Android Application Development
  • Native iOS Application Development
  • Cross-Platform Hybrid Applications
  • App Store Optimization Support
  • Mobile Backend Services

Digital Branding and Design

  • Professional Logo Design
  • Brand Identity Development
  • Social Media Marketing and Management
  • Digital Marketing Strategy
  • Graphic Design Services

AI and Automation

  • Web Process Automation
  • Custom Chatbot Development
  • AI Integration Solutions
  • Workflow Automation
  • Machine Learning Implementation

3. Project Engagement Process

3.1 Project Initiation

All projects begin with a comprehensive consultation to define scope, requirements, deliverables, timeline, and budget. A detailed project proposal will be provided outlining all aspects of the engagement.

3.2 Deposits and Milestone Payments

A non-refundable deposit of 30-50% of the total project cost is required before project commencement. Remaining payments are structured around predefined milestones as outlined in the project proposal.

3.3 Change Requests and Scope Modifications

Minor revisions within the original scope are included. Substantial changes, additional features, or scope expansions will be documented in a change order with associated costs and timeline adjustments. All change requests must be approved in writing before implementation.

4. Client Obligations and Responsibilities

4.1 Timely Communication: Clients must provide timely feedback, approvals, and materials necessary for project completion within agreed timeframes.

4.2 Content and Materials: Clients are responsible for providing accurate, complete, and legally compliant content, images, and materials.

4.3 Decision Making: Clients must designate authorized decision-makers and ensure consistent project direction.

4.4 Delays: Project delays or additional costs resulting from client inaction, delayed responses, or changes in requirements are not the responsibility of CloudBitX and may result in timeline and cost adjustments.

5. Intellectual Property Rights

5.1 Client Ownership: Upon full payment, all custom-developed code, designs, and materials specifically created for the client become the clients property.

5.2 Third-Party Components: Open-source libraries, frameworks, pre-existing tools, and proprietary CloudBitX methodologies remain the property of their respective owners or CloudBitX.

5.3 License Grants: CloudBitX retains the right to use general knowledge, techniques, and experience gained during the project for future work.

5.4 Client Content: Clients warrant they own or have proper licenses for all content provided and indemnify CloudBitX against any copyright infringement claims.

6. Payment Terms and Conditions

6.1 Payment Schedule: Payments are due according to the milestone schedule outlined in the project proposal. Invoices are payable within 15 days of receipt.

6.2 Late Payment: Late payments incur a service charge of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less.

6.3 Work Suspension: CloudBitX reserves the right to suspend work on overdue accounts until payment is received.

6.4 Collection Costs: Clients are responsible for all costs associated with collection of overdue accounts, including attorney fees.

7. Confidentiality and Non-Disclosure

Both parties acknowledge they may have access to confidential information. Both parties agree to:

  • Maintain strict confidentiality of all proprietary and sensitive information
  • Use confidential information solely for the purpose of the project
  • Not disclose confidential information to third parties without written consent
  • Return or destroy confidential information upon project completion or termination

This confidentiality obligation survives termination of this Agreement indefinitely.

8. Data Security and Privacy

8.1 Security Measures: CloudBitX implements industry-standard security practices and follows best practices for data protection during development and testing.

8.2 Data Handling: We comply with applicable privacy laws and regulations. Client data is processed only as necessary for service delivery.

8.3 Limitation of Liability: While we implement reasonable security measures, CloudBitX is not liable for data breaches caused by third-party services, client-side vulnerabilities, force majeure events, or attacks beyond our reasonable control.

8.4 Client Responsibility: Clients are responsible for implementing appropriate security measures on their systems and maintaining secure credentials.

9. Service-Specific Terms

9.1 Mobile App Development

  • App Store and Google Play Store submissions and approvals are subject to platform policies beyond our control
  • Store rejection or policy changes are not grounds for refund or liability
  • Ongoing maintenance, updates, and app store compliance require separate agreements
  • Performance on different devices and OS versions may vary

9.2 Custom Software and CRM Development

  • Third-party API failures, changes, or discontinuation are beyond our control
  • Integration with existing systems depends on their availability and compatibility
  • Ongoing support, maintenance, and feature enhancements require separate contracts
  • Data migration services are quoted separately unless specified

9.3 Web Development and E-Commerce

  • Domain registration, SSL certificates, and hosting services are not included unless explicitly stated
  • SEO services and search engine ranking guarantees are not provided unless separately contracted
  • Payment gateway integration fees and transaction costs are client responsibilities
  • Website performance depends on hosting environment and client-side factors

9.4 Digital Branding and Design

  • Final logo and brand materials ownership transfers upon full payment
  • Trademark registration services are not included and are client responsibility
  • Social media marketing results depend on various factors beyond our control
  • Content approval deadlines must be met to maintain campaign schedules

9.5 AI and Automation

  • AI solutions are trained based on provided specifications and data
  • Performance may vary based on data quality and external factors
  • Retraining, algorithm updates, and enhancements are billed separately
  • Integration with third-party platforms subject to their API availability and policies

10. Warranties and Support

10.1 Limited Warranty: CloudBitX provides a 30-day warranty period from project delivery for bug fixes and functionality issues directly related to our code.

10.2 Warranty Exclusions: The warranty does not cover issues arising from client modifications, third-party integrations, hosting environment changes, or new feature requests.

10.3 Support Services: Post-delivery support and maintenance services are available under separate agreements with defined scope and pricing.

10.4 Disclaimer: Except as expressly stated, all services are provided "as-is" without warranties of any kind, express or implied.

11. Limitation of Liability

11.1 Liability Cap: CloudBitXs total liability for any claims arising from this Agreement shall not exceed the total amount paid by the client for the specific project.

11.2 Consequential Damages: In no event shall CloudBitX be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

11.3 Force Majeure: Neither party shall be liable for delays or failures due to circumstances beyond their reasonable control, including natural disasters, government actions, or internet service disruptions.

12. Termination

12.1 Termination for Convenience: Either party may terminate this Agreement with 30 days written notice. Client remains obligated to pay for work completed up to termination date.

12.2 Termination for Cause: Either party may terminate immediately upon material breach, non-payment, or violation of confidentiality terms.

12.3 Effect of Termination: Upon termination, CloudBitX will deliver completed work portions and transfer applicable rights upon receipt of payment for services rendered.

13. Portfolio and Marketing Rights

CloudBitX reserves the right to showcase completed projects in portfolios, case studies, and marketing materials unless explicitly prohibited by a signed Non-Disclosure Agreement. Client names and sensitive business information will not be disclosed without permission.

14. Dispute Resolution

14.1 Informal Resolution: Parties agree to attempt good faith resolution of disputes through direct negotiation before pursuing formal proceedings.

14.2 Mediation: If direct negotiation fails, disputes shall be submitted to binding mediation through a mutually agreed mediator.

14.3 Jurisdiction: Any legal proceedings shall be conducted in the state and federal courts of the State where CloudBitXs principal place of business is located.

15. Governing Law and Compliance

This Agreement is governed by the laws of the United States and the state where CloudBitX conducts business, without regard to conflict of law principles. Both parties agree to comply with all applicable federal, state, and local laws and regulations.

16. General Provisions

16.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings.

16.2 Modifications: Changes to these terms must be in writing and signed by both parties. CloudBitX may update general terms with 30 days notice for future projects.

16.3 Severability: If any provision is deemed invalid, the remainder of the Agreement remains in full force and effect.

16.4 Assignment: This Agreement may not be assigned without written consent, except CloudBitX may assign to affiliates or in connection with a business transfer.

By engaging CloudBitX services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

For questions about these terms, please contact us at hello@cloudbitx.com