Terms and Conditions

1. Agreement to Terms

By engaging eCloudpod's services, accessing our website, or entering into any service agreement with us, you ("Client," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and eCloudpod LLC.

2. Professional Services Overview

eCloudpod is a leading provider of cloud consulting, DevOps automation, and infrastructure management services. We specialize in helping organizations transform their technology operations through expert guidance and implementation across multiple cloud platforms.

Our Core Services Include:

3. Service Agreements & Project Structure

All services are provided under specific Service Agreements, Statements of Work (SOW), or Master Service Agreements (MSA) that detail:

• Scope of Work: Detailed deliverables, milestones, and project phases
• Timeline & Dependencies: Project schedules and client responsibility requirements
• Pricing Structure: Fixed-price, time & materials, or retainer-based pricing models
• Success Criteria: Measurable outcomes and acceptance criteria
• Change Management: Procedures for scope changes and additional work

4. Client Responsibilities & Obligations

Successful cloud transformations require active client participation. You agree to:

Information & Access Requirements:

• Provide accurate, complete, and timely information about your systems, requirements, and objectives
• Grant appropriate access to systems, platforms, accounts, and documentation as required for service delivery
• Designate qualified technical contacts and decision-makers for project collaboration
• Maintain current system documentation and architectural diagrams

Data Protection & Backup:

• Maintain comprehensive backup copies of all critical data and systems before any migration or changes
• Implement and test disaster recovery procedures independent of eCloudpod services
• Ensure data retention policies comply with applicable regulations

Compliance & Legal:

• Comply with all applicable laws, regulations, and industry standards
• Obtain necessary licenses for software and services used in the project
• Ensure proper authorization for all requested changes and implementations

5. Payment Terms & Financial Obligations

Standard Payment Terms:

• Net 30: Invoices are due within 30 days of receipt unless otherwise specified
• Late Payments: Overdue accounts incur 1.5% monthly interest charges
• Service Suspension: Services may be suspended for accounts over 60 days past due
• Collection Costs: Client responsible for reasonable collection costs for delinquent accounts

Pricing & Billing:

• All prices are exclusive of applicable taxes, duties, and fees
• Expense reimbursement for travel, training, or third-party services as pre-approved
• Currency exchange rates applied at time of invoice generation for international clients
• Payment methods include wire transfer, ACH, and approved corporate credit cards

6. Intellectual Property Rights

eCloudpod IP:

We retain all rights to our proprietary methodologies, frameworks, tools, templates, and general knowledge developed prior to or independently of client engagements.

Client IP:

You retain ownership of your data, existing systems, business processes, and confidential information. We claim no ownership rights to your proprietary business information.

Custom Developments:

• Custom code, configurations, and documentation created specifically for your project becomes your property upon full payment
• We retain the right to use generalized approaches and methodologies in future client work
• Third-party software and services remain subject to their respective licensing terms

Open Source & Licensing:

Any open-source components used in your project remain subject to their original licenses. We will identify and document all open-source dependencies.

7. Confidentiality & Data Protection

Mutual Confidentiality:

Both parties commit to maintaining strict confidentiality regarding proprietary information, system details, business processes, and strategic plans shared during the engagement.

Data Security Measures:

• Implementation of enterprise-grade security controls and access management
• Encryption of data in transit and at rest using industry-standard protocols
• Regular security assessments and compliance audits
• Employee background checks and confidentiality agreements

Regulatory Compliance:

We maintain compliance with applicable data protection regulations including GDPR, CCPA, and industry-specific requirements such as HIPAA, SOX, and PCI-DSS.

8. Service Level Agreements

Availability Commitments:

• 99.9% Uptime: For managed infrastructure and monitoring services
• 15-minute Response: Critical issue response time during business hours
• 4-hour Response: High-priority issues during business hours
• 24-hour Response: Standard issues and general inquiries

Support Coverage:

• 24/7 Monitoring: Continuous system monitoring and alerting
• Business Hours Support: 8 AM - 6 PM local time, Monday through Friday
• Emergency Support: Critical issue escalation available 24/7
• Planned Maintenance: Scheduled during agreed maintenance windows

Performance Reporting:

Regular reporting includes system performance metrics, security assessments, cost optimization recommendations, and SLA compliance statistics.

9. Limitation of Liability

Liability Cap:

eCloudpod's total liability for any claim is limited to the fees paid for the specific service that gave rise to the claim, not to exceed the total contract value for the preceding 12 months.

Excluded Damages:

We are not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Data loss or corruption not caused by our negligence
• Business interruption or system downtime
• Third-party claims or actions

Client Risk Management:

Clients are responsible for maintaining appropriate insurance coverage, backup procedures, and disaster recovery plans independent of eCloudpod services.

10. Contract Termination

Standard Termination:

• Either party may terminate ongoing services with 30 days written notice
• Project-based work continues until completion unless terminated for cause
• Final invoicing for completed work and transition assistance provided

Termination for Cause:

Either party may terminate immediately for material breach, non-payment, or violation of confidentiality agreements.

Transition Services:

Upon termination, we provide reasonable assistance (up to 30 days) to transfer knowledge, documentation, and system access to ensure continuity of operations.

11. Terms Modifications

eCloudpod reserves the right to modify these terms with 30 days notice to active clients. Changes become effective upon posting on our website. Continued use of services constitutes acceptance of modified terms.

Version Control:

We maintain version history of terms changes and provide notice of material modifications via email to active clients.

12. Governing Law & Dispute Resolution

Jurisdiction:

These terms are governed by the laws of Costa Rica, without regard to conflict of law principles.

Dispute Resolution Process:

1. Direct Negotiation: Good faith discussions between designated representatives
2. Mediation: Non-binding mediation through a mutually agreed mediator
3. Arbitration: Binding arbitration under American Arbitration Association Commercial Rules

Legal Compliance:

Both parties agree to comply with all applicable export control, trade sanctions, and anti-corruption laws.

13. Contact Information

For questions about these terms, billing inquiries, or legal matters, please contact our team: