TERMS AND CONDITIONS
For E-commerce Website Development, Marketing and Consulting services This Service Agreement (“Agreement”) shall apply and govern the Functional Requirement(s), project, letter of intent or any other document (“FR”) executed between Tek Def Co., Ltd. and the Customer, for the purpose of providing professional services (“Services”) or deliverables (“Deliverable”) for E-commerce Website Development, Marketing and Consulting.
Please be advised that the Terms and Conditions may change from time to time. Before making any Order Tek Def Co., Ltd. strongly recommends to the Customers to read the Terms and Conditions in order to fully familiarise themselves with the particular terms on which the Order will be made
By using the options available on our website, the prices of our services will be as quoted on tekdef.co.th. All services contracted directly on tekdef.co.th shall be paid online at that moment. Tek Def Co., Ltd. takes all reasonable care to ensure that the prices of our services are correct at the time when the relevant information was entered into the system. However, if we discover an error in the price of our Service(s), Tek Def Co., Ltd. will give the customer the option of continuing to use our services at the correct price or cancelling the services.
Customer will have seven (7) days following receipt of the Services or Deliverable (“Acceptance Period”), to complete acceptance tests as per acceptance criteria agreed in the FR (“Acceptance Criteria”). If no notice of non-conformance to Acceptance Criteria is reported during the Acceptance Period, Deliverables or Services are deemed accepted by the Customer.
Confidential information shall mean any information disclosed by one party to the other party, in any form including without limitation to documents, business plans, source code, software, technical/ financial/ marketing/ customer/ business information, specifications, analysis, designs, drawings, data, computer programs, any information relating to personnel. Confidential Information shall, however, exclude any information which (i) is/ was publicly known or comes into public domain; (ii) is received by the Receiving Party from a third party, without breach of this Agreement; (iii) was already in the possession of Receiving Party, without confidentiality restrictions, at the time of disclosure by the Disclosing Party; (iv) is permitted for disclosure by the Disclosing Party in writing; (v) independently developed by the Receiving Party without use of Confidential Information; (vi) is required to be disclosed by the Receiving Party pursuant to any order or requirement from the court, administrative or governmental agency, provided that the Receiving Party shall give the Disclosing Party prompt written notice of such order or requirement and an opportunity to contest or seek an appropriate protective order. The Receiving Party agrees not to use any Confidential Information for any purpose except for conducting business with the Disclosing Party or otherwise agreed in writing.
CUSTOMERS INCLUDING, BUT NOT LIMITED TO, CONFIRM AND STATE THAT THEY:
will not advertise any improper or faulty information which may be harmful to Tek Def Co., Ltd., other Customers or third persons;
will not upload or spread any information on the Website which could violate laws, contractual agreements or third persons’ rights. Such violating information could be copyrighted material, personal data, trade secrets and others;
will not provide any false information which could mislead other Customers;
will not attempt to hack, modify, disable or affect in any other way the Website or challenge its security;
will not use the Website for any other purposes than as it has to be used considering the purposes of Tek Def’s Services;
will not try to collect any personal data which is being held at the Website system and will not offend or deceive other Customers;
will not use the Website for any illegal purposes or for violating any laws;
will not try to interfere with the Website’s activity or prohibit other Customers from using the Website (or making it difficult to use);
will not make transactions with money from illegal sources
All the actions mentioned above include attempts of performing one of them or creating circumstances for such actions to materialise.
OBLIGATIONS OF TEk DEf CO.,LTD.
Tek Def Co., Ltd. will co-operate with Customers with regards to all of the questions related to the appropriate provision of Services. Communication between Tek Def Co., Ltd. and Customers will proceed through the Website’s help centre or e-mail
Tek Def Co., Ltd. will provide the Customers with technical support provided they encounter any problems in relation to the functionality of the Account and the Website
OBLIGATIONS OF CUSTOMERS
Customers agree and acknowledge, including, but not limited to, that:
they will not act in a way it could have a negative effect on Tek Def Co., Ltd., other Customers or third persons with a result of caused damage, worsened reputation and etc.;
they will not use Tek Def’s services on the Website or Website itself with illegal purposes or in any other way which is not acceptable;
INTELLECTUAL PROPERTY RIGHTS
Customer shall own all rights, title and interest in and to the Deliverables. The rights, title and interest in and to the Deliverables shall be granted to the Customer only upon receipt of full payment by Tek Def Co., Ltd. To the extent that the Deliverables incorporates Tek Def Co., Ltd. pre-existing intellectual property (“Tek Def Pre-existing IP”), and such Tek Def Pre-Existing IP are necessarily required for the proper functioning of the Deliverables Consultant grants to Customer a perpetual, non-exclusive, worldwide, transferable, royalty-free license to use such Consultant Pre-Existing IP solely along with the Deliverables.
Except as expressly stated in this Agreement, the parties disclaim all warranties of any kind, implied, statutory, or in any communication between them, including without limitation to, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose.
LIMITATION OF LIABILITY
The total liability of the parties under this Agreement (whether in contract, tort (including negligence)) shall not exceed the fees paid to Consultant hereunder. The parties disclaim any indirect, special, consequential or incidental damages or loss of revenue or business profits, however caused, even if advised of the possibility of such damages. The foregoing limitations of liability will apply notwithstanding the failure of the essential purpose of any limited remedy herein.
Every service offered by us takes a different course of action to get accomplished from start to end thus refund policy differs from one service to other. Refund requests for payments done online, within thirty (30) days from the payment date, will be refunded. However, Tek Def can still keep a certain fee based on the amount of work that has been done.
Either party may terminate the Agreement upon sixty (60) days’ notice to the other party. Either party may terminate this Agreement immediately if the other party breaches the terms of this Agreement and the breach remain uncured for 30 days from the date of receipt of notice. In case of termination, the Consultant shall be paid for the Services provided on a pro-rata basis.
NON-HIRE AND NON-SOLICITATION
During the term of this Agreement and for one (1) year thereafter, neither party will directly or indirectly recruit, solicit or induce any personnel, Consultant or advisor of the other party to terminate his or her relationship with such other party without the prior written permission of the other party.
Neither party shall be liable for any failure or delay in fulfilling the terms of this Agreement due to fire, strike, war, civil unrest, terrorist action, government regulations viral pandemic, the act of Nature, or other causes which are unavoidable and beyond the reasonable control of the party claiming force majeure. This provision shall not be construed as relieving either party from its obligation to pay any sum due to the other party.
Consultant may subcontract the services to any of its subcontractors.
GOVERNING LAW AND DISPUTE RESOLUTION
The terms of this Agreement shall be governed, interpreted and construed in accordance with the local laws. All disputes, differences, claims and demands arising under or pursuant to this Agreement shall be referred to arbitration and shall be adjudicated in accordance.
This Agreement shall constitute the complete agreement between the parties respecting the subject matter. This Agreement may not be extended, amended, terminated, or superseded except by agreement in writing between the parties. This Agreement supersedes all previous agreements between Tek Def and the Customer, whether oral or written, regarding the subject matter hereof, standard terms and conditions of a purchase order or an invoice or any similar document whether hosted on the party’s website or otherwise, shall be ineffective. There are no intended third-party beneficiaries to this Agreement. Each Agreement may be executed in one or more counterparts (including scanned copies), all of which when signed and taken together constitute a single agreement between the parties.
OUR CONTACT DETAILS
Company Name: Tek Def Company Limited
Address: 42/95-96 Moo. 9, Sukhumvit Road, Nong Prue Subdistrict, Bang Lamung District, Chonburi 20150
Phone Number: +(66)(33) 641-449