Our Terms of Service have been written in order to protect our clients and ourselves to ensure we deliver a stable, reliable product and quality network. We ask that you read our policies so that you can assist us in keeping our servers and network free of abuse, which will ensure quality performance for everyone.
When you sign up for any of our services, you are agreeing to our terms of service. Although we will do our best to work with our customers in the event of a breach of policy, we will also take a firm line when necessary to protect our other customers and network.
Clients of Sawadee Solution Deigital Service Co., Ltd, including but not limited to Virtual Account Clients, Resellers, Dedicated Server Clients, and Domain Registration Clients, are required to agree and conform to the following terms of service (TOS) and acceptable use policies. Violations of these policies may result in loss of service and/or other disciplinary action.
Terms and Conditions of Use
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, Dedicated Servers, e-commerce, Domain Registrations, Colocation and other Internet-related services provided by Sawadee Solution Digital Service Co., Ltd (the “Services”). As used in this Agreement, “Sawadee Solutions” means Sawadee Solution Digital Service Co., Ltd and “Client”, “you”, or “your” means you. By accepting a quote, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Sawadee Solutions site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Sawadee Solutions Site” refers to the Site located at the URL https://www.sawadee-solutions.com or any other successor Sites owned or maintained by Sawadee Solutions.
In addition to the following, the Acceptable Use Policies provide more detailed information regarding what is acceptable use of our products and services.
Appropriate Use of the Service
Sawadee Solutions provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services.
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any Sawadee Solutions server in connection with Client’s use of the Services which:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Sawadee Solutions or any third party;
- are defamatory, slanderous or trade libellous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or promotes hate violate any Sawadee Solutions policy posted on the Sawadee Solutions site including but not limited to those listed in our Terms of Service (TOS).
- contain viruses or other computer programming defects which result in damage to Sawadee Solutions or any third party.
Managed Hosting/Advanced Managed Hosting Accounts: Client may occupy only the amount of disk space on the Sawadee Solutions Server that is allotted by Sawadee Solutions. Additional fees, specified in the hosting plans, will be charged for exceeding the disk space. Disk space measurement includes all customer content and generated content from their web site and includes but is not limited to MySQL data, Mailing List data and data in /home/user directories for virtual accounts. Sawadee Solutions is not responsible for measurements provided by individual control panel software, which is 3rd party software not controlled by Sawadee Solutions, which may or may not include all of the customer data in their measurements.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client’s use of the services.
Back-up Files and Processing
Website Hosting Clients will have the ability to reinstate files which are automatically archived by Sawadee Solutions upon request for a minimal fee; however, Sawadee Solutions does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by Sawadee Solutions.
Sawadee Solutions reserves the right to refuse service to anyone. Sawadee Solutions, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behaviour by a third party using the services, please contact email@example.com.
Sawadee Solutions shall deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered. Where an invoice is delivered to Client, Client shall remit payment to Sawadee Solutions by no later than 7 days after the specified payment due date. Sawadee Solutions shall be entitled to immediately terminate this Agreement for Client’s failure to make timely payments to Sawadee Solutions. Certain services carry a set-up fee charged by Sawadee Solutions to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance, Client shall be responsible for any outstanding fees owed to Sawadee Solutions and agrees to pay any and all fees incurred by Client. Because the Services are provided on a yearly basis, unless a contract is in place, Client will be responsible for Service fees incurred each year regardless of when Client provides notice of termination.
Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
If Client chooses to register a domain name(s) through Sawadee Solutions, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Sawadee Solutions does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
Client Liability and Indemnification
The parties agree that in no event shall Sawadee Solutions be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Sawadee Solutions from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
Term, Termination & Reinstatement
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a year-to-year basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions. Either party will have the right to terminate this Agreement upon notice to the other party. There will be no refund of hosting fee or domain fee paid.
If Sawadee Solutions suspends a virtual account for non-payment, Client shall be allowed to re-instate Client’s use of the Services within Five (5) business days of cancellation upon approval from Sawadee Solutions and full payment of balances due. A reinstatement fee of 1,000 Baht will be applied.
If a Client terminates their account, Sawadee Solutions will disable the server/account the day the client specifies the account is cancelled. Sawadee Solutions will not maintain an archival copy of the Clients Web site or files. It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.
Client will pay and indemnify and hold Sawadee Solutions harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
Disclaimer of Warranty
THE SERVICES, THE SAWADEE SOLUTIONS SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE SAWADEE SOLUTIONS SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. SAWADEE SOLUTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SAWADEE SOLUTIONS SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
Limitation of Liability
IN NO EVENT SHALL SAWADEE SOLUTIONS BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE JS-SOLUTIONS NETWORKS SITE OR ANY SAWADEE SOLUTIONS PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL SAWADEE SOLUTIONS CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN 5,000 BAHT (5,000 THB).
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Sawadee Solutions. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to its conflict of law rules. This Agreement and Sawadee Solutions policies are subject to change by Sawadee Solutions without notice. Continued usage of the Services after a change to this Agreement by Sawadee Solutions or after a new policy is implemented and posted on the Sawadee Solutions Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Sawadee Solutions Site for any changes or additions.