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Terms Of Services

Overview

The use of services provided by Sawadee Solution Digital Service Co.,Ltd on sawadee-solutions.com (after this referred to as "Sawadee Solutions") constitutes agreement to the following Terms and Conditions.

General Terms

We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered.

The registration and use of your domain name are subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and other regional domain authorities for the various country-specific domains, you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable in spite of refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled to suspend the services provided to you.

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.

If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you. If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith. On termination of this Agreement or suspension of the Services, we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.

Sawadee Solutions is not responsible for any damages your business may suffer. Sawadee Solutions does not make implied or written warranties for any of our services. Sawadee Solutions denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Sawadee Solutions.

Sawadee Solutions reserves the right to refuse service to anyone.

Refund Policy

All services rendered by Sawadee Solutions are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. The customer agrees not to chargeback or dispute any credit card or PayPal payments for services rendered. A chargeback or dispute of payment for services rendered will result in an additional charge of 3,000 Baht ("฿3,000") and will be subject to collection by an authorized collection agency. Disputes or chargebacks will result in immediate service termination. The customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys' fees, court costs and collection agency fees) incurred in enforcing collection.

Any funds sent to Sawadee Solutions which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.

Delivery of Services

Immediately upon successful payment, you will receive an automated receipt from our systems. Please print and retain a copy of this and retain in a safe place for future reference.

Your unique email will be on this receipt and should be used for any enquires to Sawadee Solutions.

Please note that we aim to deliver all goods as soon as the signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.

All orders are delivered electronically via email, If you have any questions about your order please contact us at contact@sawadeesolutions.com Sawadee Solutions aims to respond to all inquiries within 24 hours.

Please check regulations in the country you are in to see if these products are allowed for import into your country.

We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method Sawadee Solutions may perform additional verification on orders via telephone, SMS or other fraud detection systems.

General Terms and Policies

The Service is provided to authorized persons or organizations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

Coverage - If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.

Prices and Charges - Sawadee Solutions provides the use of cPanel and backyard to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.

Term - The Service is provided to you for as long as you wish to use it, however, we withhold the right to terminate the service if you use it in a way that violates the terms of use.

Acceptable Usage Policy

It is acknowledged by users of Sawadee Solutions services that these resource allotments are optimized and dedicated to serving web documents and self-need email / FTP services and is not to be used as an offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via an HTML document stored on the Internet in a publicly or privately accessible area and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Sawadee Solutions servers.

Shared & Reseller Services:

Resources such as MySQL databases, subdomains, POP3 mail accounts, SMTP mail accounts, FTP accounts should not be used and created in such a way that can potentially have adverse effects on the normal optimal operation of our services.

Accounts should not exceed the limits as enforced by CloudLinux on our servers :

Semi-Dedicated Services:

Resources such as MySQL databases, subdomains, POP3 mail accounts, SMTP mail accounts, FTP accounts should not be used and created in such a way that can potentially have adverse effects on the normal optimal operation of our services.

Accounts should not exceed the limits as enforced by CloudLinux on our servers :

It is also acknowledged by users of Sawadee Solutions services that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. Users must realize that server technology limits the number of available resources for use, including but not limited to disk drive space, CPU processing power, memory, and access speed. Sawadee Solutions takes measures to utilize the latest and most economically feasible mass server market technology available to provide services. It is furthermore acknowledged by users of Sawadee Solutions services that all provided services are of a shared-server nature, and other users are sharing the provided space. Customer accounts are placed on a server with up to hundreds of other users. Sawadee Solutions, along with many other hosting providers use this business model in order to offer web hosting services en masse at inexpensive and affordable rates.

>It is acknowledged that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce,Sawadee Solutions reserves the right to limit users of the affected machine to a lower limit to preserve the effectiveness of the service for all users. If a particular user is in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, that customer may be asked to remove content, cut resource usage, or relocate to a dedicated service provider. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Additionally, web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Sawadee Solutions.

If a "Fair-Use" breach occurs, which's determination is solely up to Sawadee Solutions, subscriber may have to remove files from or reduce access to subscriber's account to an extent as determined by Sawadee Solutions, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that Sawadee Solutions may have to take.

Grounds for Suspension and Termination

You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Sawadee Solutions to suspend or terminate your account. You agree that Sawadee Solutions has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following

SPAM and Unsolicited Commercial Email (UCE): Sawadee Solutions

We take a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of The Company may not use or permit others to use our network to transact in UCE. Customers of Sawadee Solutions may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Content

You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Sawadee Solutions has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

Overages

By default Sawadee Solutions will suspend your services when your account limits such as Disk Space & Bandwidth are exhausted unless prior arrangements are made to either upgrade your plan or bill you at an agreed cost. Such overages will be charged at a cost agreed upon by the customer and Sawadee Solutions.

Disputes

All billing disputes must be brought to Sawadee Solutions' attention by opening a ticket with our billing department within 45 days from the days of payment.

You agree that any dispute between you and Sawadee Solutions arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Sawadee Solutions will be submitted by the aggrieved party for binding arbitration.

Billing

Fees for individual Services are set out on the page describing the Service (Fees). We will begin to charge you for those Fees on the Effective Date of that Service. Certain Fees are based on usage rate of the Services. These will be calculated as set out on the website describing the Fees, and added to the Fees. Other than usage based Fees, all Fees are billed in advance. Special promotions applied to Fees do not reoccur, nor will promotions offered to other customers necessarily be offered to you. Fees paid to third parties and set up fees are not refundable.

Invoices for renewal of a service is generated 14 days prior to the end of current term and is due on the date mentioned as the due date on the invoice. If you provide us with a credit card to pay the Fees, we will attempt to charge your card no sooner than 2 days prior to the Due Date. It is your obligation to ensure that your credit card may be charged. We have no responsibility to provide the Services, or preserve data, if your credit card is declined for any reason.

Once an invoice is overdue, i.e past it's due date a late fee of 10% but no lesser than 100 Baht will be applied to the invoice.

Service associated to an overdue invoice will be suspended after a period of 3 days and terminated and all data removed after 7 days if the invoice continues to remain unpaid. Multiple reminders will be sent by Sawadee Solutions before suspending or terminating a service.

If an invoice is paid after the service has been terminated a reactivation fee of 1,000 Baht will apply provided Sawadee Solutions is able to restore all of your data.

If multiple invoices are overdue in an account, all services in the given account or other accounts linked to this account may be affected.

Cancellation Procedure

Cancellation requests must be submitted through the client area. To do this, open a ticket with our Billing & Accounting department. It is your responsibility to ensure any paypal subscriptions and/or recurring Credit Card subscriptions that you may have setup are cancelled, Sawadee Solutions will not be responsible for any funds paid to us in excess and will not refund them.

No other forms of cancellation are accepted.

Cancellations must be submitted before the invoice for that billing cycle is generated or at least 7 days before renewal. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices. Cancellation requests submitted after the invoice has been raised will incur a late cancellation fee of not less than 500 Baht and not more than 3,000 Baht.

Migrations

Sawadee Solutions offers free Migration services as a courtesy with our cPanel hosting services. The service is available for one cPanel account per client.

Additional number of accounts migrated would incur a fee of 100 Baht per account.

Migration services are not available for Unmanaged VPS or Dedicated server customers or customers not coming from a cPanel environment.

Sawadee Solutions offers it's migration services in an as-is basis and makes no guarantess or time commitments at all.

Backups

Sawadee Solutions performs nightly backups of shared, semi-dedicated and reseller servers; however, these backups are for Sawadee Solutions's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Sawadee Solutions does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Sawadee Solutions' part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

Amendments

These Terms and Policies may be amended in any respect at any time by Sawadee Solutions upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of the Service to Sawadee Solutions.

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