Dispute Resolution Policy

1. Scope & Purpose

CloudNexus is committed to resolving any disputes, claims, or conflicts arising from the use of our cloud infrastructure, hosting services, or related agreements in a fair, transparent, and efficient manner. This policy applies to all customers, partners, vendors, and authorized users interacting with CloudNexus services, APIs, billing systems, or support channels.

By using our platform, you acknowledge that this Dispute Resolution Policy supplements, and in cases of conflict, may modify the procedures outlined in our Terms of Service, Service Level Agreement (SLA), and Privacy Policy.

2. Good Faith Negotiation

CloudNexus believes that most disputes can be resolved through direct, respectful communication. Before initiating any formal process, both parties agree to:

• Attempt to resolve the issue through our standard support channels or designated account manager.
• Provide clear documentation, logs, billing records, or technical evidence relevant to the claim.
• Respond to written inquiries within 15 business days of receipt.

3. Formal Written Complaint

If good faith negotiations fail to resolve the dispute within 30 days, either party may escalate the matter by submitting a Formal Written Complaint. This document must include:

1. A clear description of the dispute and the relief or remedy sought.
2. Relevant account IDs, invoice numbers, timestamps, or service request references.
3. Evidence supporting the claim (logs, screenshots, correspondence).
4. Name, signature, and contact information of the authorized representative.

Complaints must be delivered to CloudNexus Legal & Compliance at the address specified in Section 8. Our team will acknowledge receipt within 5 business days and initiate an internal review.

4. Mediation Process

Should the formal complaint remain unresolved after 45 days, either party may request non-binding mediation. Mediation will be conducted through a mutually agreed-upon third-party mediation provider, such as the American Arbitration Association (AAA) or a recognized international equivalent.

Key mediation guidelines:

• Each party bears its own attorney and mediation fees unless otherwise agreed.
• Mediation sessions are confidential and cannot be used as evidence in subsequent proceedings.
• Mediation must be completed within 60 days of the initial request.

5. Binding Arbitration

If mediation does not yield a resolution, disputes shall be finally resolved through binding arbitration. Except as otherwise required by applicable law:

• Arbitration shall be administered by the AAA under its Commercial Arbitration Rules.
• Proceedings will occur in Wilmington, Delaware, or a location mutually agreed upon by both parties.
• Class action waivers apply; arbitration will be conducted on an individual basis.
• Judgment on the arbitration award may be entered in any court with proper jurisdiction.

CloudNexus waives arbitration rights for disputes involving actual bodily injury, intellectual property infringement, or willful misconduct, which may be pursued in court.

6. Governing Law & Venue

This Dispute Resolution Policy and any claims arising from the use of CloudNexus services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. By using our services, you consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, except where arbitration or mediation is expressly required.

7. Limitations & Waivers

CloudNexus’s total liability for any dispute arising from service interruptions, data loss, or billing discrepancies shall not exceed the total amount paid by the customer in the 12 months preceding the claim. We do not warrant uninterrupted or error-free service, as cloud infrastructure operates in dynamic environments subject to third-party dependencies, maintenance windows, and force majeure events.

Failure by CloudNexus to enforce any provision of this policy shall not constitute a waiver of future enforcement rights.

8. Contact Information

For legal inquiries, dispute initiation, or policy clarifications, please reach out to our dedicated compliance team: