Please read these Terms (“Terms“) carefully before using or accessing the cloudserv.wpexpertsmumbai.in website (the “Platform” or “Cloudserv Platform” which term shall be deemed to include the internet and mobile website cloudserv.wpexpertsmumbai.in as well as its mobile application and any other means to access those provided from time to time) and the services, content or functionalities offered thereunder) operated by Cloudserv Technologies Pte. Ltd. We may update these Terms by posting a revised version on our website (“Site”). Cloudserv and User, individually a “Party” and collectively the “Parties”.
User’s (as defined below) access to and use of the services, content or functionalities made available on the Platform is subject to acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services (as defined below). By accessing or using the Services, User agrees to be bound by these Terms and to receive all communications and notices from Cloudserv electronically. If User disagrees with any part of the Terms, please discontinue the use of the Platform and the Services.
If User is accessing or using the Platform on behalf of a business or other legal entity, then User’s legal entity is legally and financially responsible for User’s access and use of the Platform and the Services. This responsibility extends to any individuals authorized to access the Account on behalf of a business or other legal entity, including employees, agents, or other affiliates.
Notwithstanding anything contained herein, if User breaches these Terms, Cloudserv reserves the right to deny or revoke the User’s access to the Platform and the Services, take any legal or other action against User, ,and refer the matter to the appropriate authorities.
Capitalized terms in these Terms and Conditions are defined as follows:
“Account” means the account created on the Cloudserv Platform to access / use the Platform, and one or more of the Services in accordance with the applicable terms.
“Affiliate” shall mean any entity or entities that, with reference to a Party, is directly or indirectly: (a) controlled by, (b) under common control with or (c) controlling the subject Party. For the purposes of this definition, “control” when used with respect to any entity means the power to direct the management and policies of such person directly or indirectly, whether through the ownership of voting rights and / or securities, by contract, or otherwise; and the terms “controlling” and “controlled” shall be construed accordingly.
“Administrators” are Users with authority to apply for an Account, access the Services, manage an Account, or otherwise act on behalf of a legal entity User.
“Cards” means credit and debit card or other payment card.
“Clients” are Users who use the Platform to request Services, generate or execute contracts, manage payroll, process payments , or access other incidental services offered on the Platform.
“Confidential Information” refers to any tangible and intangible information obtained or disclosed, including but not limited to all documents, data, software, reports, statements, any business or customer information, trade secrets, any applicable agreements entered into between the Cloudserv and a User, pricing, software, designs, source code, inventions, ideas, know-how, product plans, specifications, intellectual property, information, audit and security reports, customer information, training and consulting materials, company plans, business policies, financial information, employee information, marketing information, and any other information that has value because it is not generally known and that its owner uses reasonable efforts to protect and all materials derived from any of the above, and any other information deemed by Cloudserv to be confidential and/or proprietary.
“Members” are Users who perform services for the Clients as described in the applicable agreement and who receive payments from Clients and/or Cloudserv through the Platform. For clarity, within the applicable agreement, a Member will be further defined as a “Resource”, “Contractor”, “Employee” or “Freelancer”.
“Order Form” shall mean the document or form executed between the Client and Cloudserv via the Platform or otherwise, stating the quantity, price, and term (duration) of Services purchased by the Client.
“Privacy Policy” shall mean Cloudserv’s privacy policy, as updated from time-to-time, available on the Platform, and incorporated by reference herein.
“Payment Service Provider(s)” refers to third-Party payment service providers, payment gateways, or payments processors featured on the Platform to assist with completing payments from Clients and for the settling dues payable under any Freelancer Agreement executed on the Platform.
“Services” refers to the various services offered through the Platform, including but not limited to employer of record (“EOR”), global payroll management (“Payroll Management”), Contractor of Record (“COR”), freelancer, and any other related or incidental services in connection therewith.
“Users” are the Clients, Members, the Administrator, and any other person authorized to access an Account or otherwise use the Platform.
HOW THE PLATFORM WORKS:
Cloudserv makes the Platform and Services available to Users who are 18 (eighteen) years of age or older have reached the age of majority as required under their local jurisdiction’s laws. If a User is below the age of 18 (eighteen) or below the applicable age of majority, they may not create an Account or use the Services. Accounts created by “bots” or other automated methods are not permitted. Each User may maintain only one Account at a time. By applying for an Account and using the Services, the User represents and warrants complying with all of the foregoing eligibility requirements stated above. If a User does not meet these requirements, User may not access the Platform, apply for an Account, or use any Services. Cloudserv reserves the right to deactivate an Account and refuse to provide the Services to anyone for any reason at any time if it is discovered or suspected that such User does not fulfil the requirements outlined in this Section. Cloudserv may also suspend or terminate a User’s access or Account to the Services without prior notice.
4.1. Applying for an Account. To apply for an Account, a User must provide their full legal name, a valid email address, taxpayer identification number, social security number, employer identification number, legal address, and any other information requested by Cloudserv to complete the sign-up process on the Platform. If User is applying for an Account on behalf of a legal entity, User will be required to provide a business address, business ownership details, the nature of the business, and any other relevant information that Cloudserv may request.
Cloudserv may use this information to conduct a due diligence prior to opening/creating an Account, and throughout the business relationship with User. Cloudserv’s use of User information is subject to the terms of Cloudserv’s Privacy Policy. If User does not agree to its terms, should not apply for an Account.
If User is applying for an Account on behalf of a legal entity, User must specify at least one Account Administrator. User is liable for any actions taken by the Administrator, or any other person with access to User’s credentials or Account. The User represents and warrants that the Administrator, has the necessary authority as may be prescribed statutorily and/or under the charter documents of such entity to apply for and to manage theAccount.
Upon Account approval, the User is granted a non-exclusive, non-transferrable, non-licensable and limited right to access and use the Platform only for the limited purpose of availing Services for its own internal business purposes.
4.2. Account Security. User is responsible for maintaining the privacy and security of its Account. User will promptly disable access to the Platform if User believes its Account has been compromised or stolen, and will immediately notify Cloudserv if User believes its Account credentials have been compromised or stolen, and in the event of any unauthorized access to or use of User Account. Cloudserv will attempt to prevent unauthorized transactions or other activity of User’s Account, and Cloudserv will assist User in the event User’s Account is compromised, but User is solely responsible for any financial or other loss that results from unauthorized access to User’s Account. Cloudserv may unilaterally suspend access to User’s Account if Cloudserv suspects User’s Account has been compromised. It is clarified that Cloudserv shall have no obligation to ensure or check if User’s Account has been compromised until User has notified Cloudserv of the same. Each Account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person. User agrees to notify Cloudserv immediately of any unauthorized access to or use of User’s username or password or any other breach of security. If User violates any of these requirements, Cloudserv may terminate User’s Account in Cloudserv’s sole discretion and without any prior notice. For the avoidance of doubt, termination or suspension of access to the Platform does not in itself constitute termination of any underlying employment relationship with a Member, nor does it relieve User of its obligations under the applicable employment agreements, Agreement or Order Form governing the services. All employment-related terminations must be separately processed in accordance with the terms of the relevant agreements and applicable local law, and any commercial disengagement must follow the process set forth in the applicable Agreement or Order Form. Notwithstanding the foregoing, Cloudserv reserves the right to terminate, the applicable Agreement for cause and/or any underlying employment agreements where such suspension of access arises from a material breach by the User, including but not limited to, violations of Platform security obligations, Eligibility, misuse of credentials, or unauthorized access.
4.3. Prohibited Uses. User may not use Cloudserv’s Platform, or Services for any illegal, fraudulent or unauthorized purposes. User’s use of the Platform or the Services shall not be opposed to any public policy or violate intellectual property laws, or any other laws in the applicable jurisdiction. User may not use the Platform or Services for non-commercial purposes, or any use not intended under these Terms. User may only use the Platform for bona fide business purposes to obtain or provide Services through the Platform. User may not use the Platform or Services (a) to solicit or provide Services for the benefit of: an individual, organization, or country that is blocked or sanctioned by the Singapore Government; and (b) for any illegal, misleading, restricted, unauthorized, or fraudulent activity..
While using the Platform, User will (a) abide by all applicable local, state, national, and international laws and regulations (including laws regarding intellectual property), (b) not interfere with or disrupt the use and enjoyment of the Platform by other Users, (c) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (d) not defame, harass, abuse, or disrupt other Users of the Platform, (e) not to do or attempt to do any action which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever.
User shall not, and shall not permit any User or third-party to, (a) copy, modify, adapt, translate, or create derivative works of the Platform or any part thereof; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive or gain access to the source code of the Platform; (c) use the source code, underlying algorithms, or any proprietary elements of the Platform for any purpose, including developing, improving, or offering a competing product or service; or (d) remove, alter, or obscure any proprietary notices within the Platform. Any violation of this clause shall be deemed a material breach of these Terms of Use.
If User makes or receives payments using a Payment Service Provider (as defined above), User acknowledges and agrees that User will comply with any Payment Service Provider terms of service or other agreement between User and the Payment Service Provider. In case of any disputes or claims related thereto, User may contact the relevant Payment Service Provider. Cloudserv will not be held liable for any losses or damages either direct or indirect, pecuniary or non-pecuniary, resulting from the actions or omissions of any Payment Service Provider, and Cloudserv expressly disclaims any responsibility and liability in this regard. Any fees for use of a Payment Service Provider to make payments or receive payments will be borne by the User. Any fees imposed on User by a Payment Service Provider are in addition to any fees payable to Cloudserv.
6.1. Cloudserv’s Platform. The Cloudserv Platform can be used to create, execute, and manage contracts between the Client and Members. Each contract generated or executed on the Platform shall be assigned a unique ‘Contract ID’ to ensure that the Parties executing the contract can refer to or make claims while minimizing the possibility of any misunderstanding. The Users can organise contracts on the Platform based on the type of Services offered or used by them.
6.2. Contract Generation. The contracts between Client and a Member available on the Platform are standard form templates that are designed to cover the scope of the Services requested by the Users. The Users can plug-in pre-determined placeholders in the standard form contracts to suit their requirements and the Cloudserv Platform shall generate a contract based on these inputs. These placeholders are standard details required from the Users to complete the Contract, i.e., details such as names and addresses of the Parties to the contract, jurisdiction, scope of services, payment cycles, and term. Client may request modifications, at its cost, based on the fee schedule in the applicable Service Addendum.
6.3. Contract Management. Upon execution of the contracts between the Users or the User and Cloudserv (depending on the Service), Multiplier will generate the Contract ID (as stated above). The Users can subsequently track the terms of each contract, such as – approval status, invoices generated, invoices pending, remaining term for the relevant contract(s), and renewal notices.
By accessing the Platform, creating an Account, and/or availing Cloudserv’s Services, User is automatically opted in to receiving Cloudserv’s newsletters or marketing materials and other promotional information Cloudserv may send periodically or as when required. However, User may opt out of receiving any, or all, of these marketing communications from Cloudserv by following the unsubscribe link or instructions provided in any email Cloudserv sends. Please note that Cloudserv may still send User transactional or administrative messages, and legal notices (as per Section 8 below) related to the Service even after User has opted out of receiving marketing communications.
User agrees that any electronic signature, click-to-accept process, or other electronic action executed through the Cloudserv platform or associated technologies shall constitute a valid and binding method of acceptance of these Terms, the Cloudserv Terms of Service (TOS), FreelancerTerms of Service (FTOS), any applicable Master Services Agreement and Addenda, Order Form, certificate, employment agreement, or other agreement or document between User and Cloudserv, or between User and another authorized User. To the fullest extent permitted by the laws of Singapore and applicable local laws, such electronic acceptance shall have the same legal force and effect as a manually signed agreement or paper-based recordkeeping system.
User acknowledges and agrees that Cloudserv may issue legally binding communications, alerts, and contractual documents electronically, including through the User’s Account dashboard, via email, or by SMS/text message to the contact details provided by User. This includes, but is not limited to, notices regarding employment agreements, contractual updates, Order Forms, invoices, and regulatory disclosures. Notices regarding material changes to the Terms, payment obligations, or employment-related matters shall be deemed received twenty-four (24) hours after being dispatched electronically, unless a failed delivery notification is received. In such cases, Cloudserv may attempt alternate delivery using other available contact information or by posting on the User Account dashboard. User understands that consent to electronic delivery of notices is a condition of access to and use of the Services. Opting out of electronic notices (including SMS) will result in limited functionality or delayed access to time-sensitive features of the Platform. User may withdraw consent to electronic notices only by closing the User Account, subject to any continuing obligations under applicable agreements.
User is solely responsible for maintaining functional and up-to-date email addresses, mobile numbers, browser software, and device operating systems capable of receiving and viewing electronic communications. Cloudserv shall not be liable for any delay, error, or failure to deliver notices caused by User’s technical limitations or inaccurate contact information.
Notwithstanding the above, certain documents—particularly those relating to statutory employment obligations, regulatory filings, or payroll compliance—may be subject to local legal formalities or requirements, such as qualified electronic signatures or wet-ink execution. In such cases, Cloudserv may request additional steps to comply with applicable local laws, including identity verification through approved third-party providers. Where required by law, such formalities shall take precedence over this electronic acceptance clause.
Contact us immediately via email to pankaj.singh@cloudserv.in if User is or believes User is having problems receiving the notices
From time to time, the Services may be unavailable for periods of time for maintenance and / or modifications to the Site. Cloudserv strives to keep maintenance down time as brief as possible. However, Cloudserv cannot guarantee that the Services will be available to User, and Cloudserv will not be liable to User for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of User’s use of the Services. Further, Cloudserv may change, suspend, or discontinue the availability of any of the Services at any time, without any notice or liability. In addition, Cloudserv may impose limits on certain features of the Services or restrict User’s access to parts or all of the Services or the Platform without notice or liability.
10.1. Confidentiality. The Party (“Receiving Party”) may have access to the other Party’s (“Disclosing Party”) Confidential Information. The Receiving Party agrees that Confidential Information may only be used for the purposes set out in these Terms, and shall protect Confidential Information in the same manner that Receiving Party protects its own confidential information of similar nature, but in no event using less than reasonable standard of care. Confidential Information may only be disclosed to employees, authorized agents, approved sub-contractors, or third-parties on a need-to-know basis, and only if required for the purpose of these Terms, provided such Parties are bound by substantially similar obligations of confidentiality.
The Receiving Party may disclose Confidential Information of Disclosing Party to the minimum extent required by: (a) an order of any court of competent jurisdiction or any regulatory, judicial, governmental, or similar body, or any taxation authority of competent jurisdiction; or (b) the laws or regulations of any country to which its affairs are subject; provided however, that prior to disclosing any Confidential Information to such court or governmental agency, Receiving Party shall give Disclosing Party, if reasonably possible and permitted by law, prior written notice to permit Disclosing Party to challenge such order, and upon the request, and at the expense of, Disclosing Party, reasonably cooperate with Disclosing Party in contesting such disclosure or in seeking confidential treatment of the Confidential Information. Receiving Party shall comply with any applicable protective order or equivalent and shall disclose only so much Confidential Information of Disclosing Party as is legally required as advised by Receiving Party’s legal counsel.
Confidential Information shall not include information: (i) previously known to it without an obligation not to disclose such information; (ii) independently developed by or for it without use of Confidential Information; (iii) acquired by it from a third-party which was not, to the Receiving Party’s knowledge, under an obligation not to disclose such information; or (iv) which is or becomes publicly available through no breach of the Agreement.
Parties must maintain the confidentiality of all Confidential Information in accordance with all applicable laws, rules, regulations, ordinances, directives, guidelines, policies and procedures relating to confidentiality, including, without limitation, policies concerning information technology security and the protection of confidential records and information.
10.2. Intellectual Property. Under no circumstances will Cloudserv be liable in any way for any non-Cloudserv generated content (“Content”), including without limitation, for any errors or omissions in such content or for any loss or damage of any kind incurred by User as a result of the use of any such Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Platform. User hereby waives all rights to any claims against Cloudserv for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content.
The Platform, the Service and its original content (excluding the Content provided by the Users), APIs, interfaces, features and functionality are and will remain the exclusive property of Cloudserv and its licensors (“Cloudserv IP”). The Service is protected by copyright, trademark, and other laws of both Singapore and each jurisdiction in which Cloudserv makes the Services available to the Users. User may not use Cloudserv’s trade marks and trade dress in connection with any product or service without the prior written consent of Cloudserv.
Cloudserv welcomes feedback, comments and suggestions for improvements of the Service (“Feedback”). User acknowledges and expressly agrees that any contribution of Feedback by User does not and will not give or grant User any right, title or interest in the Platform or Service or in any such Feedback. All Feedback will become the sole and exclusive property of Cloudserv, and Cloudserv may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to User and without retention by User of any proprietary rights, or other right or claim.
User acknowledges and agrees that the Feedback is not confidential and that the Feedback does not create or imply any fiduciary or other obligation on Cloudserv.
Cloudserv’s Service / Platform may contain links to third-party websites or services that are not owned or controlled by Cloudserv. Cloudserv’s Service may also allow User to import or interface with third-party applications or services.
Cloudserv has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. Cloudserv does not warrant or guarantee that the offerings of any of these third-party, their services, or their websites. The availability of any third-party website or services on the Platform does not imply the endorsement of, or affiliation with, any provider of such websites or materials.
User acknowledges and agrees that Cloudserv will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
Cloudserv strongly advises User to read the terms of service and privacy policies of any third-party web sites or services that User visits or interacts with.
Cloudserv may terminate or suspend User’s Account and bar access to the Platform immediately, without liability or prior notice to User, in Cloudserv’s sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. This termination and/or suspension may also include the termination or suspension of Services as per the terms of the appropriate FTOS, TOS, and/or Service Addendum.
If User wishes to terminate User Account, please contact us via email at pankaj.singh@cloudserv.in
All provisions of the Terms which by their nature should survive termination, including this Section 13, will survive termination.
The termination of the relationship shall not release the Client from its obligations to pay any fees owed to Cloudserv.
Cloudserv is not an intermediary, advisor, agent or third-party to the Users with regard to any Contracts, and Cloudserv takes no responsibility for the quality or adequacy of any services performed by a Member, User disputes and / or content posted on the Platform by the Users.
In no event will Cloudserv, nor its directors, employees, partners, agents, suppliers, or Affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (a) User’s access to or use of or inability to access or use the Services; (b) any conduct or content of a user of any third-party on the Service; (c) any content obtained from the Service; and (d) unauthorized access, use or alteration of User’s transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Cloudserv have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Cloudserv’s maximum liability to User under these Terms is limited to the lower of the total amount of fees actually paid by User to Cloudserv in the three months preceding the event that is the basis of User’s claim or $500.00. These limitations apply regardless of the legal theory on which User’s claim is based.
User will defend, indemnify and hold harmless Cloudserv, its Affiliates, Payment Service Providers and each of their respective employees, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of: (i) User uses and access of the Platform and/or Service, by User or any person using User’s Account and password; (ii) a breach of these Terms; (iii) User’s breach of the terms of any agreement, TOS, Order Form, order forms, contract, or the terms of any Payment Service Provider agreement; (iv) any contract, order form, data and Content posted by User to the Platform; or (v) User violation of any law, rules or regulations or the rights of a third-party.
Subject to the terms and conditions specified in any agreement / contract executed on the Platform, User may not hold Cloudserv liable for any interruption of the Services due to a Force Majeure Event. A “Force Majeure Event” includes, but is not limited to, any blockage, disturbance or encumbrance of the telecommunications, transport or procurement networks for whatever reason; poor quality or interruptions of electrical current; virus or computer pirate attacks, insurrections or acts of a similar nature; state of war or embargo; total or partial strikes within or outside of the company; lock-out, social conflicts, sabotage or acts of vandalism; foul weather, epidemics, pandemics, earthquakes, explosion, fires, storms, flooding, other natural disasters; water damage, incapacity to obtain raw materials or supplies; legal or regulatory modifications applicable to supplying the Services, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government or any other act that renders performance legally or practically impossible. A Force Majeure Event shall also include any other cause beyond Cloudserv’s reasonable control that prevents or delays the normal provision of the Services. If any such Force Majeure Event takes place that affects the performance of Cloudserv’s obligations under these Terms, Cloudserv’s obligations under these Terms shall be suspended for the duration of Force Majeure event.
Cloudserv is not a law firm and is not permitted to engage in the practice of law. Cloudserv employees do not act as User’s attorney or otherwise provide legal advice to User under any agreement or contract executed by User on the Platform. Cloudserv is prohibited from providing any kind of advice, explanation, opinion, or recommendation to User about possible legal rights, remedies, and defences. By making available the Platform and/or the Services, Cloudserv is not making an offer of any financial, tax, accounting, legal or other professional services, and none of the information presented on the Platform should be construed as legal, tax, accounting or any other professional advice or service.
User’s use of any portion of the Platform or Services do not create an attorney-client relationship with us. Accordingly, while communications between User and Cloudserv are protected by Cloudserv’s Privacy Policy, they are not protected by any attorney-client privilege or attorney work product doctrine.
The information Cloudserv provides is comprised of a compilation of frequently encountered legal and compliance issues generally applicable to engagements between Independent Contractors / Employees and Clients, and is not intended to be comprehensive of matters specific to User circumstances.
Although Cloudserv takes reasonable efforts to ensure that the templates, and other information on the Platform remain up-to-date and reflect Cloudserv’s best understanding of compliance matters related to engagements with Members, due the vast global nature of our Services, and ever changing legal landscape, the accuracy of information on the Platform is not guaranteed. The Platform contains links to other compliance resources. Cloudserv provides these links to help User identify and locate other resources that may be of interest to User and are not intended to state or imply that Cloudserv sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. Any third-party information contained on the Platform or on third-party sites Cloudserv links to is from sources Multiplier believes to be reliable, but which Cloudserv has not independently verified. User’s use such other compliance resources, links, and information at User’s own risk and subject to the terms and conditions of the relevant compliance resource. Cloudserv is not liable for any loss, injury, claim, liability, or damages related to User’s use of any sites Cloudserv links to or from errors or omissions in the content of the linked sites.
Any tax-related compliance information on the Platform is not intended to be used, and cannot be used, for the purpose of: (i) avoiding penalties that may be imposed by any governmental taxing authority or agency, or (ii) recommending to another party any tax-related advice in such information.
Any suggestions in the information Cloudserv provides on the Platform are general in nature, and do not take into account an individual’s or entity’s specific tax circumstances or applicable governing tax law, which may vary from jurisdiction to jurisdiction, and is subject to change.
Cloudserv, including its Affiliates, make no express or implied warranties or representations with respect to the completeness, security, reliability, quality, accuracy or availability, with respect to information obtained through the Platform, and have no liability to User with respect to the information and data Cloudserv provides to User on the Platform or in connection with the Services.The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
User’s use of the Services, and any, information obtained through the Services is at User’s own risk. The Services, information obtained through the Platform are provided on an “As is” and “As available” basis, without any express or implied warranties of merchantability, fitness for a particular purpose, non-infringement, non-interference, error-free service, and uninterrupted service or course of performance or any other. Cloudserv and, its affiliates do not warrant that the Platform and Service (i) or any payment method will be uninterrupted, error free, secure or available at any particular time or location; (b) will be free of any errors or defects, and will be corrected; (c) are free of viruses or other harmful components; and (d) use will meet User’s requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages set forth in the “LIMITATION OF LIABILITY” and “DISCLAIMER” sections above, so such limitations above may not apply based on applicable law.
These Terms will be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
It is agreed that all disputes, claims, actions, suits or other proceedings arising hereunder (a) shall be governed by, and construed in accordance with, the substantive law of Singapore applicable to contracts wholly made and to be performed within Singapore; and (b) will be irrevocably submitted to the sole and exclusive jurisdiction of the courts of Singapore. Each Party hereby irrevocably consents to the exercise of personal jurisdiction by such Singaporean courts and waive any right to plead, claim or allege that Singapore is an inconvenient forum.
In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof (collectively “Dispute”), the relevant User and Cloudserv (collectively referred to as “Disputing Parties” and individually as “Disputing Party”) will use their best efforts to settle such Dispute.
Such efforts will include, at a minimum, that they consult, meet in person or by video call, and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both the Disputing Parties.
If after 10 (ten) days of consultation, the Disputing Parties fail to reach an amicable settlement, on any or all of the Disputes, such Disputes shall be submitted to final and binding arbitration at the request of any of the Disputing Parties upon written notice to that effect to the other Disputing Party. Any and all disputes rising to the leave of arbitration shall be under the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator, appointed mutually. The language of the arbitration shall be English. Arbitration awards shall be final and binding on the Disputing Parties. The existence or subsistence of a dispute between the Disputing Parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the Disputing Parties under these terms and conditions or any contract currently subsisting between the Disputing Parties which are not in dispute. The costs of arbitration shall be shared equally by the Disputing Parties thereto.
Each Party agrees that the protection of the Confidential Information shared is necessary and reasonable in order to protect the disclosing Party and its business. Each Party expressly agrees that due to the unique nature of the Confidential Information, monetary damages would be inadequate to compensate for any breach of its covenants and agreements set forth in this Agreement. Accordingly, each Party agrees and acknowledges that any such violation or threatened violation may cause irreparable injury and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the disclosing Party will be entitled to seek injunctive relief against the threatened breach or continued breach by the receiving Party, without the necessity of proving actual damages.
We reserve the right, at Cloudserv’s sole discretion, to modify or replace these Terms at any time with notice to User. By continuing to access or use the Services after any revisions become effective, User agree to be bound by the revised Terms. If User do not agree to the new Terms, User are no longer authorized to use the Service.
Cloudserv’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
In the event of any conflict or inconsistency between these Terms and any contract executed on the Platform (viz. the TOS, FTOS, and / or Master Service Agreement), the terms and conditions of any such contract shall prevail.
Cloudserv’s customer support team is available 24/7 if User have any questions regarding the Services, User’s Account, or these Terms. User can contact Cloudserv’s customer support team by submitting a request to pankaj.singh@cloudserv.in. Cloudserv may communicate with User via email or other channels regarding User’s Account, Platform system updates, and other issues related to User’s Account.
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