Kloude (https://kloude.com/) is owned and operated by Kloude. Ltd., registered in Australia.

Please read these terms accordingly and contact us if you have any questions.

By using our service, you’ve accepted the following terms below:

Definitions
– Customer: Any individual or entity that registers for an account, purchases services, or uses any services provided by Kloude.

– Control Panel: The web-based interface located at https://my.Kloude.com where customers can manage their services, billing, account settings, and access support features.

– Business Days: Monday through Friday, excluding public holidays in Australia.

– Services: All hosting, cloud, and related services provided by Kloude as described on our website or in custom quotes.

– UTC+8: Coordinated Universal Time plus 8 hours, also known as Australia Standard Time (SGT).

– Unmanaged Support: Technical support limited to hardware, network infrastructure, and Kloude system-related issues. This includes:

– Hardware failures or malfunctions

– Network connectivity and routing issues

– Control panel problems

– Service provisioning and billing issues

Unmanaged support does NOT include:

– Operating system installation or configuration

– Software application setup or troubleshooting

– Code debugging or development assistance

– Security patching of customer-installed software

– Performance optimization of customer applications

Table of Contents
1. Agreement Structure

2. Service Provisioning

3. Conditions of Use

4. Billing and Payments

5. Limitation of Liability

6. Service Processing

7. Support

8. Affiliate Program

9. Intellectual Property

10. Service Level Agreement (SLA)

11. Termination

12. Dispute Resolution

13. General Provisions

1. Agreement Structure
1.1 Agreement Documents
This Terms of Service consists of the following documents (collectively, the ” Agreement “):

– This main Terms of Service document

– Privacy Policy (” Privacy Policy “) – https://kloude.com/privacy-policy

– Service Level Agreement (” SLA “) – incorporated in Section 10 below

– Acceptable Use Policy (” AUP “) – https://kloude.com/acceptable-use-policy

1.2 Order of Precedence
In case of any conflict or ambiguity between the agreement documents, the order of precedence will be:

– This Terms of Service document

– Privacy Policy

– Service Level Agreement (SLA)

– Acceptable Use Policy (AUP)

1.3 Acceptance of Terms
You accept these Terms and enter into this Agreement with Kloude by:

– Registering for an account through our website

– Executing a service order or custom quote that references these Terms

– Using any of our Services

– Making a payment for our Services

2. Service Provisioning
2.1 Service Delivery
Kloude will provide Customer with the Services ordered, as they are described on our website, control panel, or in a custom quote.

Customer understands and agrees that Kloude will host and create the Services solely in accordance with the information provided by Customer, including but not limited to:

– Your billing information (Full name, email address, billing address, payment information)

– Service details (hostname, password, your choices of add-ons)

2.2 Third-Party Processing
By submitting information, you grant us the right to provide the billing information to third parties for purposes of completing your purchases.

3. Conditions of Use
3.1 Acceptable Usage Policy
You agree that any violations listed in our Acceptable Usage Policy are considered prohibited usage and may result in immediate account suspension and/or termination without compensation.

3.2 Violation Consequences
Intentional or malicious violations of our Acceptable Usage Policy will result in immediate termination and a ban from any further service.

3.3 Appeals Process
Customers may appeal suspension or termination decisions by submitting a support ticket within fourteen (14) days of the action. All appeals will be reviewed within ten (10) business days.

4. Billing and Payments
4.1 Invoicing
4.1.1 Invoice Generation
Invoices for recurring Services will be issued ten (10) days in advance of the due date.

4.1.2 Service Suspension
Unpaid Services will be suspended one (1) day after the service due date.

4.1.3 Service Termination
Unpaid Services will be terminated seven (7) days after the service due date.

4.2 Automatic Payments
4.2.1 Credit Cards
Kloude automatically captures payments at 09:00 PM (UTC+8) on the service due date using the default card on file. If the initial payment attempt fails, we may re-attempt payment collection after the due date to ensure proper service renewal and avoid service interruption.

4.2.2 PayPal Billing Agreement
Kloude automatically captures payments at 09:00 PM (UTC+8) on the service due date using the active Billing Agreement on file. If the initial payment attempt fails, we may re-attempt payment collection after the due date to ensure proper service renewal and avoid service interruption.

4.2.3 Kloude Credit
Customer account credit with Kloude will automatically be applied at 08:15 PM (UTC+8) on the service due date. If insufficient credit exists to cover the full invoice amount, we will notify the customer and may re-attempt payment collection after the due date to ensure proper service renewal and avoid service interruption.

4.2.4 Customer Responsibility
Customer is responsible for cancelling Services before the automatic payment attempt to avoid being charged. Refunds are not available once automatic payment has been captured, except as outlined in our Money-Back Guarantee.

4.3 Money-Back Guarantee & Refund Policy
4.3.1 Guarantee Period
Kloude offers a seven (7) day Money-Back Guarantee, applicable only to the first order of a single service (i.e., one server). This guarantee is limited to one service per customer and is valid only if no other services were previously active on the account. Orders that include multiple services or accounts with more than one active service at any time prior are not eligible for a refund under this policy.

4.3.2 Eligibility Requirements
Customer will ONLY qualify for a refund if customer has selected ‘Monthly’ or ‘Quarterly’ and paid using PayPal or Credit/Debit Cards during checkout.

4.3.3 Refund Request Process
Customer MUST request a refund via our ticketing system. Communication through other platforms (such as WhatsApp, Discord, Telegram, Teams, Live chat) will not be valid.

4.3.4 Refund Limitations
No refund is given outside of our Money-Back Guarantee and in cases of automatic payments, abuse, suspension, or closure of account.

4.3.5 Discretionary Review
Kloude has the right to handle refund requests on a case-by-case basis at our sole discretion for exceptional circumstances or situations not explicitly covered by this policy.

4.4 Payment Gateways
4.4.1 PayPal
PayPal payments must originate from a verified PayPal account and are eligible for Money-Back Guarantee.

4.4.2 Credit/Debit Cards
Credit Card payment transactions are accepted via Stripe gateway and are eligible for Money-Back Guarantee.

4.4.3 Bitcoin and Other Cryptocurrencies
Bitcoin and other cryptocurrency payments are accepted via the Cryptomus gateway and are not eligible for Money-Back Guarantee. Cryptocurrency payments are final and non-refundable under any circumstances. Overpayments exceeding $1.00 USD will be recorded as account credit after all transaction fees are deducted. This credit cannot be refunded to the customer’s cryptocurrency wallet and follows our standard account credit policies. Overpayments of $1.00 USD or less will not be refunded or recorded as account credit due to transaction fees exceeding the overpaid amount.

4.4.4 Alipay
Alipay payments are accepted via the Stripe gateway and are not eligible for Money-Back Guarantee.

4.4.5 Chargebacks / Disputes
Chargebacks and disputes against any payment will result in immediate service suspension of all services. We will provide seventy-two (72) hours notice before account closure and all services termination to allow for resolution. Once services are terminated due to chargebacks or disputes, this process cannot be reversed and all data will be permanently destroyed, even if customer self-closes disputes/chargebacks.

Suspensions resulting from a chargeback/dispute may be reviewed and considered for removal under the following conditions:

– The chargeback/dispute was initiated by mistake or misunderstanding

– The customer responds to our support team in a timely manner

– The customer closes the chargeback/dispute request (if still open)

– The customer agrees to repay the original service amount

– The customer agrees to cover the chargeback/dispute processing fee of $20.00 USD per chargeback/dispute

– Failure to meet any of the above conditions may result in permanent account closure and all services terminated.

4.5 Fraud Protection
4.5.1 Account Verification
The billing information provided during checkout must match the name and details associated with the payment method used (e.g., credit card holder name, PayPal account name).

4.5.2 Documentation Requirements
To process orders that do not pass fraud checks, Kloude might require valid documentation to be submitted if the customer presents elevated risk factors.

4.6 Kloude Account Credit
4.6.1 Credit Properties
Account credit does not expire, and cannot be transferred from one customer to another.

4.6.2 Automatic Application
Existing account credit will automatically be applied towards unpaid invoices until exhausted. Customers can disable automatic credit application at any time through our control panel.

4.6.3 Adding Funds
Customer can add funds via control panel with any amount between $5.00 USD – $500.00 USD.

4.6.4 Non-Refundable
Account credit is non-refundable and cannot be withdrawn or ‘cashed out’ in the form of a refund or other payment.

4.6.5 Credit Removal
All remaining account credit will be removed in cases of Account Closure or Chargebacks/Disputes. Accounts that violate our Terms of Service or Acceptable Use Policy will forfeit all existing account credit upon account closure.

4.7 Invoice Modifications
4.7.1 Invoice Finalization
Once an invoice is finalized and issued, it cannot be modified or amended. Any billing discrepancies must be reported before payment processing.

4.8 Pre-Orders
4.8.1 Pre-Order Refunds
Pre-orders are only eligible for refund if service delivery has exceeded the originally quoted timeframe provided at time of order.

4.9 Billing Disputes
4.9.1 Dispute Timeline
Billing queries that may affect service status must be submitted at least seven (7) business days before any scheduled service actions (suspension, termination, etc.). Kloude will not be held responsible for billing queries submitted for services that have already been queued for termination or suspension.

4.9.2 Dispute Resolution
To ensure continuous service availability, customers are encouraged to pay invoices promptly while disputes are being investigated. If a billing dispute is resolved in the customer’s favor, any validated disputed amount will be refunded to the original payment method used for that transaction, subject to payment gateway capabilities. This refund policy applies to all disputed charges, regardless of the Money-Back Guarantee limitations.

5. Limitation of Liability
5.1 Service Availability
By using our Services, customer agrees that Kloude’s liability is limited as follows:

5.1.1 General Limitations
Kloude will not 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 your use of our services.

5.1.2 Excluded Circumstances
Kloude specifically excludes liability for:

– Hardware failures beyond our reasonable control

– Data corruption or loss where customer has not maintained backups

– Service interruptions due to Force Majeure events

– Damages resulting from customer’s violation of these Terms or applicable laws

5.2 Financial Activities Disclaimer
Kloude provides infrastructure services only and is not responsible for the success or failure of any business activities conducted using our services. This includes but is not limited to:

– Forex, cryptocurrency, or stock trading activities

– E-commerce operations

– Financial services

Customers using our services for time-sensitive or mission-critical applications acknowledge that service interruptions, while minimized, remain possible due to various factors including maintenance, hardware issues, or events beyond our control. Customers should implement appropriate redundancy, backup systems, and contingency plans for their critical operations.

5.3 Maximum Liability
Except where prohibited by law, in no event shall Kloude’s total liability exceed the amount paid by customer for the specific service giving rise to the claim in the twelve (12) months preceding the claim.

5.4 Backup and Data Disclaimer
Customer understands and acknowledges that:

– Backups are not provided unless specifically included in your service plan

– Customer is responsible for maintaining independent backups of all critical data

– Kloude is not liable for data loss resulting from customer actions or failure to maintain backups

6. Service Processing
6.1 Service Modification
6.1.1 Timing Restrictions
Service modification cannot be performed on or past the service’s due date. Any outstanding invoices must be settled before service modification can be performed.

6.1.2 Downgrade Credits
Service modifications that lower the value of the service will not result in any refunds or credits. The new lower rate will apply starting from the next billing cycle.

6.1.3 Upgrade Billing
Service modifications that will raise the value of the service will be billed for the difference in values from the date of modification until the end of the service’s current billing cycle. The modification will be applied once the issued invoice is settled.

6.2 Service Transfer
6.2.1 Transfer Eligibility
An existing service may be transferred to another customer provided the following conditions are met:

– The service to be transferred must be active for at least three (3) months

– The service to be transferred must not have any unpaid or overdue invoices

– The service to be transferred must not have any Terms of Service or Acceptable Use Policy violations on record

– The account initiating the transfer must be Active with at least three (3) months of continuous service history

– The account receiving the transfer must not have any unpaid or overdue invoices

– The account receiving the transfer must not have any Terms of Service or Acceptable Use Policy violations on record

6.2.2 Processing Fee
A processing fee will be applied for service transfers: $5.00 USD for single service transfers, or $1.50 USD per service for multiple services with a minimum total fee of $5.00 USD.

6.2.3 Data Retention
When a service transfer is accepted, all data on that service will be kept as it is. The original owner may decide to delete the data on that service or not.

6.2.4 Data Responsibility
Kloude will not be held responsible for the data remaining on the transferred service.

6.2.5 Transfer Finality
Once the transfer is completed, any revert request will not be processed.

6.3 Service Cancellation
6.3.1 Immediate Cancellation
Immediate type cancellations are processed automatically at 11:00 PM (UTC+8) the following day.

6.3.2 End of Term Cancellation
End of Term type cancellations are processed automatically at 11:00 PM (UTC+8) on the service due date.

6.3.3 Data Destruction
Once cancellation has been run on a service, all related data and backups are destroyed, and any associated IP Addresses released back into the available pool. This process cannot be reversed.

6.3.4 Cancellation Revocation
Services scheduled for termination require cancellation revocation requests to be submitted at least seven (7) business days before the scheduled termination time. Revocation requests submitted less than seven (7) business days before termination are processed on a best-effort basis and are not guaranteed.

6.4 Service Suspension
6.4.1 Suspension Effects
When suspended, a service is brought offline and disabled from being powered on or accessed. No data will be made available, nor the service brought online, until the situation resulting in the suspension has been resolved.

6.5 Service Termination
6.5.1 Termination Effects
Upon termination, all related data and backups are destroyed, and any associated IP Addresses released back into the available pool. This process cannot be reversed.

6.6 IP Address and Server Location Changes
6.6.1 Change Fees
Requests to change IP addresses or redeploy servers to different locations will incur fees. The fee amount will be quoted per individual request based on the specific requirements.

7. Support
7.1 Support Scope
All services come with unmanaged support as defined in the Definitions section. Kloude will still process other reasonable requests at our discretion.

7.2 Credential Requirements
In certain cases where customers request assistance from Kloude to resolve server or application issues, we may require access credentials for the relevant Services. Such credentials are typically required when:

– The issue appears to be related to operating system configurations

– The problem involves software or applications installed by the customer

– The proposed solution requires direct server access to implement

If the customer chooses not to provide the requested credentials, Kloude may be unable to offer effective support, as these types of issues can only be properly diagnosed and resolved with appropriate access to the affected systems.

7.3 Support Availability
7.3.1 Technical Support
General/Technical support is available all hours and days of the week (24/7). For complex cases requiring Level 3 technician assistance, response times may extend to two (2) to three (3) business days.

7.3.2 Billing Support
Billing support is available between 08:00 AM – 05:00 PM (UTC+8), on business days.

7.4 Operating Timezone
Kloude staff and systems operate based on UTC+8 timezone (Australia Standard Time).

8. Affiliate Program
8.1 Commission Structure
Kloude offers a 10% recurring commission (calculated in USD) for affiliates. The minimum payout amount is $30.00 USD. Available payout methods are limited to PayPal or Kloude account credit only; no other payout methods are currently available. Affiliates are responsible for all fees incurred from PayPal. Approved payout requests will be processed within fourteen (14) business days.

8.2 Commission Processing
Commissions will be held for fourteen (14) days before they become available for withdrawal. Orders that are refunded or cancelled due to abuse will not be counted for commissions. Commissions below the minimum payout threshold may be paid out as Kloude account credit upon request.

8.3 Cookie Tracking
We track visitors using cookies, allowing affiliates to receive commission even if the users you refer do not purchase immediately. The cookies last for up to seven (7) days following the initial visit.

8.4 Prohibited Activities
Using the affiliate system for personal gains (such as for service discount/cash-back) is strictly prohibited. Any violation will result in:

– Immediate closure of all associated accounts

– Termination of all services under those accounts

– Forfeiture of all pending balances, regardless of whether they were generated from affiliate term violations

– No settlement of any outstanding commissions

8.5 Advertising Standards
Advertisements/endorsements must not be misleading with the intention to get more clicks on affiliate links. Example: showing 90% discount while the promotion never existed.

8.6 Traffic Requirements
Affiliates that have traffic originated from unknown sources, websites with no content, cash-back, direct advertisement (including but not limited to Bing, Google, Syndicate search), coupon and voucher sites are currently not supported and payout will not be processed.

8.7 Affiliate Account Inactivity
Affiliate accounts that remain inactive (no login or affiliate activities) for twenty-four (24) consecutive months will be subject to closure. Any outstanding commission balances in inactive accounts will be forfeited upon closure.

9. Intellectual Property
9.1 Service Ownership
All intellectual property rights in the Kloude services, including software, designs, and documentation, remain the property of Kloude or its licensors.

9.2 Customer Data
You retain all rights to your data and content. You grant Kloude a limited license to use your data solely for service delivery purposes.

9.3 Usage Restrictions
You may not reverse engineer, decompile, or attempt to derive the source code of our services or systems.

10. Service Level Agreement (SLA)
10.1 Uptime Guarantee
Kloude guarantees 99.99% uptime for network and hardware availability on a per-service basis. This guarantee applies to network connectivity and host node availability only.

10.2 SLA Exclusions
The uptime guarantee does NOT apply to:

– Scheduled maintenance with twenty-four (24) hour advance notice

– Server software, operating system, or application-level issues

– Service suspensions or terminations

– DDoS attacks against customer instances

– Issues caused by customer configurations

– Force Majeure events as defined in Section 13.1

– Emergency maintenance lasting less than thirty (30) minutes

– Factors outside our control, including but not limited to:

– Datacenter-wide outages

– Fiber cuts affecting connectivity

– Upstream provider failures (not caused by Kloude)

– Internet backbone disruptions

– Regional network issues beyond our infrastructure

Note: SLA compensations only apply to issues originating from Kloude’s infrastructure and systems.

10.3 SLA Compensations
Service compensations are calculated based on the duration of qualifying downtime events within a calendar month:

Outage Duration Service Extension
Less than 1 hour 2 days of additional service time
1 hour – 2 hours 3 days of additional service time
2 hours – 6 hours 5 days of additional service time
6 hours – 15 hours 10 days of additional service time
15 hours – 24 hours 15 days of additional service time
More than 24 hours 1 month of additional service time
Compensations are automatically applied as service time extensions. The maximum compensation per calendar month will not exceed one (1) month of service time. SLA compensations cannot be refunded, withdrawn as cash, or converted to any other form of monetary value.

10.4 SLA Compensation Application
When Kloude detects and confirms that a service disruption originated from our infrastructure or systems, our system will automatically:

– Apply the appropriate service time extension based on the outage duration

– Notify affected customers of the compensation applied

No customer action or support ticket is required for compensation when issues are detected and confirmed to originate from Kloude’s side. The automatic compensation system ensures fair and prompt resolution of service disruptions. All SLA compensations are provided exclusively as service time extensions and cannot be refunded, withdrawn as cash, or converted to any other form of monetary value.

11. Termination
11.1 Customer Termination Rights
You may terminate your account at any time by submitting a cancellation request through our control panel.

11.2 Kloude Termination Rights
We may terminate your account immediately for violation of these Terms, with or without notice, as circumstances warrant.

11.3 Effect of Termination
Upon termination, all services will be discontinued, data will be destroyed according to our data retention policy, and any outstanding fees become immediately due.

11.4 Data Export
Customers may request assistance with data export prior to service termination. Export services may incur additional fees based on data volume and complexity.

12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of Australia, without regard to conflict of law principles.

12.2 Jurisdiction
Any disputes arising from these Terms or your use of our services will be subject to the exclusive jurisdiction of the courts of Australia.

12.3 Mediation
Before pursuing litigation, parties agree to attempt resolution through mediation conducted in Australia.

13. General Provisions
13.1 Force Majeure
Neither party will be responsible for any failure to perform due to unforeseen circumstances or causes beyond its reasonable control, including but not limited to: acts of God; war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software. Each party will be entitled to suspend its duties without liability in case of Force Majeure affecting the party either directly or indirectly through its subcontractors. If either party is prevented from fulfilling its duties due to Force Majeure for more than sixty (60) days, the other party has the right to terminate this Agreement with immediate effect.

13.2 Entire Agreement
These Terms, together with our Privacy Policy, Acceptable Use Policy, and any service-specific agreements, constitute the entire agreement between you and Kloude.

13.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.

13.4 Waiver
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term.

13.5 Notices
All official notices must be sent via email to legal@Kloude.com.

Contact Information: For questions regarding these Terms, please contact us:

– General Support: https://my.Kloude.com

– Legal Inquiries: legal@Kloude.com

Changes to Terms: We reserve the right to update these Terms at any time. Changes will be effective immediately upon posting to our website. It is your responsibility to review these Terms periodically for updates.