Terms of Service

1. Scope of Service and Technical Capabilities

This document establishes the terms under which Cloud Keep will provide multidisciplinary engineering services, web design, advanced development (including, but not limited to, Next.js architectures and GEO AI optimization), and Managed Hosting to the Client. Backed by over 10 years of industry experience, we ensure high-performance standards for all digital assets. The specific deliverables and costs for each project are detailed in the attached quote or proposal.

2. Responsibilities of the Parties

• Cloud Keep: Commits to delivering the project according to the agreed technical specifications and within the established timelines, ensuring professional and functional output.
• The Client: Must provide all necessary materials in a timely manner, including access credentials (Domain DNS, hosting environments), copy, images, and branding assets. Cloud Keep is not responsible for schedule delays caused by the Client or third-party providers.

3. Payments, Invoicing, and Regional Grants

• Build Fees: Development will officially begin once the upfront deposit stipulated in the quote (generally 50%) has been paid. The remaining balance must be settled prior to the final delivery or the migration of the site to its production domain.
• Regional Growth Grant: Special discounts or preferential rates applied to LATAM-based businesses are subject to verification and will remain valid as stipulated in the commercial proposal.
• Maintenance & Hosting: For projects including recurring subscription services, failure to submit payment after fifteen (15) days of the due date will result in the temporary suspension of the service.
• Price Adjustments: Cloud Keep reserves the right to update the pricing of recurring services. Any adjustments will be notified in writing with a minimum of thirty (30) calendar days' notice prior to the next billing cycle.

4. Hosting Term and Data Retention

• The web hosting and automated backups service included in the initial proposals has a validity of twelve (12) months, starting from the day the website is deployed to production.
• Upon conclusion of the contracted period, should the Client choose not to renew, Cloud Keep will grant a fifteen (15) day grace period. During this time, the Client may request a raw backup link of their files and database for migration purposes.
• After the 15-day grace period expires, Cloud Keep will permanently delete the data from its servers to free up resources, assuming no technical or legal liability for the loss of information.

5. Revisions and Scope Control

The initial quote includes a specific number of revision rounds. Any request for new features, additional pages, or structural changes not detailed in the original proposal will be considered an "Extra Requirement" and will be quoted and billed separately.

6. Hosting, Technical Support, and Limitation of Liability

• Cloud Keep maintains a 24/7 monitoring stance and is committed to maintaining industry-standard server uptime.
• We will provide assistance to restore services from the latest available backup in the event of failures. However, we are not liable for downtime caused by force majeure events or malicious external attacks.
• Limitation of Liability: Under any circumstances, Cloud Keep's maximum liability for service interruptions, technical failures, or data loss is strictly limited to the total amount paid by the Client for the service in the specific month the issue occurred.

7. Intellectual Property

All custom code and design assets will become the exclusive property of the Client once the project has been paid in full (100%). Cloud Keep reserves the right to showcase the finalized project in its professional portfolio unless a Non-Disclosure Agreement (NDA) has been signed by both parties.

8. Termination of Agreement

Either party may cancel the project by providing written notice. If the Client cancels the project once development has commenced, the initial deposit is non-refundable, as it covers the initial architecture configuration, planning, and engineering time invested.

9. Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with the laws of the Republic of Guatemala. Any dispute arising from this agreement shall be resolved in good faith between both parties before resorting to legal proceedings.