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Terms Of Service

Terms Of Service

Effective Date: Wednestday, January 8,2025

Definitions

  1. “The Company” refers to SWAP.
  2. “The User” refers to any individual or organization applying to use services provided by the Company and/or services offered by third parties procured by the Company to deliver a comprehensive solution.
  3. “The Services” includes “Technical Services” and/or “Managed Services” and/or other services provided by the Company and/or its third-party providers, as agreed upon in quotations or contracts.
  4. “Technical Services” includes internet services, data network connections, and computer system connectivity with the internet or other networks as specified in the agreement.
  5. “Managed Services” refers to technical and engineering management, design advisory, implementation, monitoring, and system management services as per the User’s requirements and as defined in the service agreement.
  6. “Service Fee” refers to fees agreed upon in quotations or invoices, exclusive of VAT unless stated otherwise.
  7. “Due Date of Payment” refers to the date payment is due, as specified in the invoice.

Service Provision

  • SWAP agrees to provide Services as per the agreed terms and conditions, maintaining the necessary quality and standards.

Usage Limitations

  • The User agrees to use Services solely for business purposes, including data transmission, education, research, or internal operations.
  • Misuse, illegal activities, or prohibited content distribution are strictly forbidden.

Payment Terms

  • Payments must be made as specified in the invoices.
  • SWAP offers a 15-day money-back guarantee for eligible services unless explicitly stated otherwise.

Late Payments

  • Delayed payments are subject to an interest charge of 15% per annum (minimum THB 1,000).
  • Non-payment for two consecutive billing cycles may lead to suspension or termination of services.

Contract Renewal

  • Contracts renew automatically unless terminated with a 30-day written notice before the expiration date.

Service Quality

  • SWAP will strive to ensure service continuity but is not liable for interruptions caused by external factors, such as maintenance or third-party issues.

User Responsibilities

  • Protect login credentials and regularly back up data.
  • Report service issues promptly for resolution.

Software Licensing

  • Software licenses arranged by SWAP are non-transferable and must be fully paid.

Ownership of Goods

  • Ownership transfers only after full payment is received.

Data Privacy

  • The Company will safeguard the User’s personal data, using it solely for service provision.
  • Domain registration data will be publicly visible unless the User opts for privacy protection.

Acceptable Use Policy

  • Users must not engage in activities that infringe on intellectual property rights, distribute malware, or attempt unauthorized system access.

    • Service Disruptions

    • The Company will notify Users of planned maintenance but is not responsible for unforeseen outages or resultant damages.

    Early Termination

    • Requires a 30-day written notice and payment of any outstanding contractual obligations.

    Third-Party Services

    • The Company may procure third-party services to fulfill contractual obligations but is not liable for third-party performance.

    Dispute Resolution

    • Disputes will be resolved through mediation or arbitration under Thai law.

    Termination by the Company

    • SWAP may terminate services if the User breaches these terms or engages in prohibited activities.

    Refund Policy

    • Refunds are issued only under the 15-day money-back guarantee for eligible services.

    Amendments to Terms

    • SWAP reserves the right to modify these terms, with changes effective one month after notification.

    Indemnification

    • The User agrees to indemnify SWAP against claims arising from misuse of services.

    Governing Law

    • These terms are governed by the laws of Thailand.

    Limitation of Liability

    • SWAP’s liability for direct damages is limited to the amount paid by the User for the affected services.

    Support Services

    • Support is available via [email protected] or other channels provided in the agreement.

    Force Majeure

    • The Company is not liable for delays or failures due to events beyond its control, such as natural disasters or government actions.

    Contact Information