Terms & Conditions

CloudHand Terms of Service

Welcome to CloudHand (the “Platform”), which is owned and operated by CloudHand Services & Solutions LLC and our affiliated entities (“CloudHand,” “Company,” “we,” “us,” or “our”).

These Terms of Service (this “Agreement” or these “Terms”) form a binding agreement between you as a user (“you” or “your”) and us and shall be the equivalent of a written paper agreement between you and us. The effective date of this Agreement is when you accept or are deemed to accept this Agreement as discussed below.

These Terms apply to your use of our services and software provided on the CloudHand Platform, any services, content, communications, and product features relating to the CloudHand Platform, and as set forth in these Terms (the “Services”).

These Terms govern your access to and use of the CloudHand Platform and any Services relating to the CloudHand Platform, including any content, functionality, and services offered on or through the CloudHand Platform, whether as a guest or a registered user. Please read these Terms carefully before you start to use the CloudHand Platform. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the CloudHand Platform.

NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW SECTION 27 BELOW BEFORE DOWNLOADING OR USING OUR SERVICES.

Changes to Terms

We reserve the right to make modifications to these Terms at any time and for any reason, and in our sole discretion. Please check these Terms regularly to ensure you are aware of any modifications made by us. All changes are effective immediately when we post them, and apply to all access to and use of the CloudHand Platform thereafter. By continuing to access or use the Services or by clicking to accept or agree to the revised Terms after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to these Terms, you must immediately stop using our Services.

Platform Services

Platform Overview and Purpose

CloudHand provides a platform that enables Customers and Talent to connect and manage their business relationships. “Customers” are individuals and/or businesses seeking to retain Talent to provide services, and “Talent” are individuals and/or businesses seeking to provide individualized services for Customers. Customers and Talent are hereinafter referred to as “Users.” Subject to these Terms, we provide the Services including hosting and maintaining the CloudHand Platform, offering a global talent marketplace for Customers and Talent, conducting background checks, automating payroll, providing HR services, assisting with regulation and compliance issues, and more. You acknowledge that CloudHand does not guarantee any particular User’s offered services, or the success of engagements facilitated through the platform.

Talent Application and Engagement Guidelines

CloudHand reserves the right to review and accept or reject Talent applications at its sole discretion and does not guarantee acceptance into the CloudHand Platform, to the maximum extent permitted by applicable law. CloudHand acts solely as a platform facilitating engagements between Customers and Talent. Customers assume responsibility for managing the day-to-day operations and outcomes of their engagement with Talent.

Talent Engagement Model

The CloudHand Platform operates through a structured model designed to ensure the quality and efficiency of Services provided to Customers while maintaining transparency in Talent management. The key stages of the Talent engagement process are as follows:

Application Phase:

Talent Application: Talent submits applications to CloudHand, expressing interest in providing services in specific industries. CloudHand reviews all applications and conducts identity and location verification to ensure compliance with eligibility requirements and local regulations. CloudHand reserves the right to accept or reject any application at its sole discretion.
Training and Certification: Once accepted, Talent must undergo mandatory, industry-specific training to prepare for Customer engagements. CloudHand evaluates Talent’s proficiency during this training and determines whether they meet the required standards for onboarding. Talent training is intended to prepare Talent for potential Customer engagements and interviews. Completion of training does not guarantee selection for interviews or Customer placement.

Customer Pairing and Hiring Phase:

Pairing and Interview: After a Customer identifies a need for Talent, CloudHand completes a job description form outlining role requirements such as industry, job title, location, skills, and scheduling needs. CloudHand then matches Talent profiles based on eligibility, training, experience, and alignment with the Customer’s specifications. Preliminary vetting is conducted by CloudHand to assess each Talent’s compatibility with the Customer’s role requirements. Following the interviews, both the Customer and the Talent candidate must affirmatively express interest in proceeding with the engagement. A match will only be finalized if both parties approve. If an offer is extended by the Customer and the Talent declines, the Talent may become ineligible for continued participation on the CloudHand Platform. CloudHand does not guarantee a return to the Talent pool for candidates who decline a confirmed engagement.
Hiring Process: Upon successful pairing between Talent and Customer, CloudHand and Talent will enter into a fixed-term employment agreement.

Maintenance Phase:

Customer Responsibilities and Management: Customers are fully responsible for the day-to-day supervision, performance monitoring, and adherence to workplace policies of Talent. CloudHand provides facilitation and administrative support but does not oversee Talent’s work on behalf of Customers.
Paid Time-Off and Public Holiday Policies: Customers are responsible for providing Talent with clear and documented policies regarding paid time-off (PTO) and recognized public holidays applicable to the engagement. Customers must share such policies with Talent prior to the commencement of services and ensure they remain accessible throughout the engagement. In the absence of a specific policy provided by the Customer, the default statutory public holiday and PTO entitlements in the jurisdiction where Talent performs services shall apply.

Disengagement Phase:

Termination Process: CloudHand will terminate the Talent’s employment in all cases where the Customer engagement is terminated. CloudHand’s contractual obligations with Talent are contingent on active Customer placement.
Platform Continuation: At its sole discretion, CloudHand may allow terminated Talent to continue using the CloudHand Platform for future placement opportunities. This may require Talent to complete additional training or recertification to meet updated standards.

Customer Engagement Model

Customer Onboarding Phase: Customers must complete a Master Services Agreement (“MSA”) process with CloudHand before gaining access to the CloudHand Platform. This agreement, along with these Terms, outlines the terms, conditions, and responsibilities governing CloudHand Platform usage and any engagement with Talent.

Talent Pairing and Hiring Phase:

Customer Selection and Interview: CloudHand selects and presents Talent for Customer interviews based on the Customer’s role requirements.
Talent Engagement: If a Customer decides to hire Talent and the Talent accepts the engagement, the Customer assumes full responsibility for the day-to-day administration and management of the Talent, including assigning tasks, performance monitoring, and adherence to workplace policies. Customer also assumes any liabilities arising from the Talent’s work.

Talent Disengagement Phase:

If Talent is terminated, with or without cause, by a Customer or voluntarily resigns, the following terms apply:
- CloudHand Liability: CloudHand assumes no liability for the termination or resignation of Talent. Customers bear full responsibility for the management and outcomes of their engagements with Talent.
- Replacement Talent: CloudHand may assist the Customer in sourcing replacement Talent, but obtaining replacement Talent is not guaranteed and is subject to availability and MSA terms.

Privacy; Data Protection

By accessing or using the Services, you expressly agree to be bound by all the terms and conditions of this Agreement and our Privacy Policy (available at cloudhand.co/privacy-policy/) (the “Privacy Policy”), which is incorporated herein by reference. If you do not agree to these terms and conditions, you may not use the Services. Any information that you provide to us is subject to the Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services, you consent to the collection and use of your information as set forth in the Privacy Policy.

You acknowledge and agree that CloudHand may collect and process your personal data in connection with your receipt of the Services. CloudHand shall process such personal data in accordance with CloudHand’s Data Processing Addendum (available at cloudhand.co/data-processing-addendum) which forms an integral part of these Terms.

Accounts

Some Services offered by the Company require you to create an account or profile (“Account”). If you create an Account, you agree that all the information you provide will be true and accurate, and that you have the authority to create the Account. You are responsible for keeping your account information secure and confidential. You agree to inform us immediately if you suspect that your account or login information has been compromised.

Eligibility

By using our Services, you represent and warrant that you and each Authorized User:

Are at least 18 years old;
Are legally qualified to enter a binding contract with us;
Are not located in a country that is subject to a UK Government embargo, or that has been designated by the UK Government as a “terrorist supporting” country;
Are not prohibited by law from using our Services.

Intellectual Property Ownership

CloudHand retains all intellectual property rights in all CloudHand materials, including the CloudHand Platform and the Services (“CloudHand IP”). Users have no rights to CloudHand IP except as expressly set forth in these Terms. Users also grant CloudHand a perpetual, irrevocable, royalty-free, worldwide license to use, analyze, aggregate, anonymize, and store inputs and outputs for CloudHand Platform improvement, analytics, research, or compliance purposes.

Suspension of Transactions and Services

CloudHand reserves the right to cancel or suspend transactions and/or Services due to fraud or compliance-related concerns.

Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF, AND REQUIRES YOU TO ARBITRATE DISPUTES WITH US. If you have a dispute with us, we will first seek to resolve such a dispute through our support team.

Except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of intellectual property, copyrights, trademarks, trade names, logos, trade secrets, or patents, any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, will be determined by binding arbitration.

The location of the arbitration will be determined by CloudHand to be either (i) the county of your residence in the UK, or (ii) the county and country of our chosen legal counsel at the time of the dispute. The arbitration will be administered by the Chartered Institute of Arbitrators (CIArb) in accordance with its rules. Disputes will not be resolved in any other forum or venue. You agree that any arbitration will be conducted by a sole arbitrator. Pre-arbitration discovery will be limited to the greatest extent provided by the rules of CIArb. The arbitration award will not include factual findings or conclusions of law, and no punitive damages will be awarded. Notwithstanding any other rules, no arbitration proceeding brought against CloudHand will be consolidated with any other arbitration proceeding without CloudHand’s written consent.

Judgment may be entered upon any award granted in any arbitration in any court of competent jurisdiction in the UK, in the county and country where CloudHand is organized or incorporated, or in any other court having jurisdiction. The arbitrator will, in the award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail.

NOTICE: BOTH YOU AND CLOUDHAND ARE AGREEING TO HAVE ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT DECIDED BY NEUTRAL BINDING ARBITRATION AND ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. BY AGREEING TO THIS ARBITRATION AGREEMENT, BOTH YOU AND CLOUDHAND ARE GIVING UP YOUR RESPECTIVE JUDICIAL RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT THAT THEY ARE SPECIFICALLY PROVIDED FOR UNDER THIS AGREEMENT. BY AGREEING TO ARBITRATION, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. IF ANY PARTY REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT PARTY MAY BE COMPELLED TO ARBITRATE UNDER UK LAW. THIS ARBITRATION AGREEMENT EVIDENCES A TRANSACTION UNDER UK LAW, AND SO THE ARBITRATION ACT 1996 WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. BOTH YOU AND CLOUDHAND CONFIRM THAT THEIR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.

Governing Law

This Agreement shall be governed by the laws of the United Kingdom, without regard to principles of conflict of laws.