Terms of Service

1. Agreement to Terms

By engaging CloudSwift Technologies Pvt. Ltd. (“CloudSwift”, “we”, “us”) for any managed cloud, Microsoft, or AI services — whether through a Statement of Work, Purchase Order, or verbal agreement — you (“Client”) agree to these Terms of Service. If you are entering these terms on behalf of a company, you confirm you have authority to bind that company.

2. Services

CloudSwift provides managed cloud services including but not limited to: Microsoft Azure infrastructure management, cloud migration, Microsoft 365 and Dynamics 365 implementation, managed security, AI integration, and IT help desk services. The specific scope, SLAs, and pricing for each engagement are defined in a separate Statement of Work (“SOW”) or Order Form agreed in writing between both parties.

3. Service Level Agreements

Uptime targets, response times, and resolution SLAs are specified in the applicable SOW. Where no SLA is specified, CloudSwift will use commercially reasonable efforts to maintain continuity of service. SLA credits, if any, are the Client’s sole and exclusive remedy for service disruptions caused by CloudSwift.

SLA obligations do not apply to disruptions caused by: (a) third-party cloud provider outages (Azure, AWS, Microsoft 365); (b) the Client’s own actions or omissions; (c) scheduled maintenance communicated at least 48 hours in advance; or (d) force majeure events.

4. Client Responsibilities

The Client agrees to: (a) provide CloudSwift with access, credentials, and documentation reasonably necessary to deliver the services; (b) designate a technical point of contact; (c) maintain valid licences for all third-party software (including Microsoft subscriptions) required by the engagement; and (d) notify CloudSwift promptly of any security incidents or changes to their cloud environment.

5. Data and Security

CloudSwift will implement industry-standard technical and organisational security measures appropriate to the services provided. The Client remains the data controller for all data stored in their cloud environment; CloudSwift acts as a data processor only as directed. Any data processing agreement required under applicable law will be executed separately.

CloudSwift holds Microsoft Azure Expert MSP designation and operates under ISO-aligned security practices. Specific certifications applicable to an engagement are listed in the SOW.

6. Payment Terms

Invoices are due within 30 days of the invoice date unless otherwise agreed in writing. Managed services are billed monthly in advance. Project milestones are billed as defined in the SOW. Overdue invoices accrue interest at 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. CloudSwift reserves the right to suspend services if an invoice remains unpaid for more than 15 days after the due date, with 7 days’ written notice.

7. Intellectual Property

Unless otherwise stated in the SOW, all pre-existing IP, tools, frameworks, and methodologies used by CloudSwift remain the property of CloudSwift or its licensors. Custom deliverables developed specifically for the Client and paid for in full become the Client’s property upon receipt of full payment. CloudSwift may reference the Client’s name and engagement type as part of its credentials unless the Client notifies us in writing to the contrary.

8. Confidentiality

Both parties agree to keep confidential any non-public business, technical, or financial information received from the other party and to use it only for the purpose of the engagement. This obligation survives termination for a period of 3 years.

9. Limitation of Liability

To the maximum extent permitted by applicable law, CloudSwift’s total liability for any claim arising from these terms or the services shall not exceed the fees paid by the Client to CloudSwift in the 3 months preceding the claim. CloudSwift shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of data, revenue, or profits, even if advised of the possibility of such damages.

10. Termination

Either party may terminate a managed services engagement with 30 days’ written notice. Either party may terminate immediately for material breach that is not remedied within 14 days of written notice. On termination, the Client remains liable for fees accrued up to the effective termination date. CloudSwift will provide reasonable assistance to migrate data and configurations to the Client or a successor provider at the Client’s request and cost.

11. Governing Law

These Terms are governed by the laws of India, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 where applicable. Any dispute shall be subject to the exclusive jurisdiction of the courts of Bengaluru, Karnataka, India.

12. Contact

For questions about these Terms, contact us at hello.in@oncloudswift.com or write to: CloudSwift Technologies Pvt. Ltd., Bengaluru, Karnataka, India.