Terms and Conditions of Service
1. In this Application of Service, unless stated otherwise, the following words shall have the meaning specified herein.
“The Company” means Code Orange Ltd.
“The User” means any person applies for the using of the services provided by the Company and/or other provider procured by the company for the purpose of one stop service.
“The services” means “The technical service” and/or “The managed service” and/or other service provided by the company and/or other provider procured by the company for the purpose of one stop service which may include all or some of the services subject to the terms and conditions as agreed upon each quotation and/or specified in the first page of this application.
“The technical service” means the internet services and or the connection service of data network and or computer system of the users with the internet network or other network or any other form of networking which is not the internet service as provided by the company and as agreed upon with the customers according to each quotation and/or specified in the first page of this application.
“The managed service” means the management of technical and engineering service, the advisory of design, implementation of equipment, software, network and necessary system. The monitoring and managing the service and incident of services according to the user’s requirement including the service provided by the company and/or the service procured by the company for the purpose of one stop service, the scope of service specifically covered according to the terms and condition in each quotation and/or specified in the first page of this application.
“Service Fee” means the service fee according to the quotation and/or fees for other services in connection with the use of internet service or other service and managed service under this Application. All prices shown are exclusive of VAT, however VAT (at the current rate of 7%) is added and payable on all fees.
“Due Date of Payment” means the last day of the service period at which the payment is due for the following service period. The due date is written on the invoice.
2. The Company agrees to provide the Service to the User specifically for the purpose of transmitting business information and data, education, research and development and information of the User, its organizations, or sub-divisions in accordance with the government’s notification or “Affiliated companies”, which means the company that over fifty percent of the share capital is owned by the User. The User shall not use Internet and Managed Service for other purposes than those specified in this Application. The company reserves the right to prohibit or suspend Internet and Managed Service that the User uses for the other purposes not specified in this application.
3. The User agrees to pay the Service Fee to the Company within a period specified in the invoice or as has been agreed. The service fee, initial access fee and installation fee (If any) is non-refundable unless specified in this Application.
4. In case the User fails to make any payment in time, the User is required to pay interest rate of 15 (fifteen) percent per year (with a minimum of 1000 Baht) which shall be charged from the overdue amount. In case the User fails to make payment of services fee and/or other service charges for 2 consecutive periods and the company has already notified the User, the Company shall be entitled to suspend and/or terminate the service immediately.
5. Service start date, the end of the service and the minimum period of service are as specified in the Application for Service Contact. Under this application, after the contract expired date is due, the service will be automatically extended from such date for every one year, unless the User or the Company submit a notice in writing at least 30 (thirty) days prior to the expiration date to one another.
6. The User shall use reasonable care in the supervision and utilization of the Internet Access Services and shall not use such Service in the way that will violate the other’s rights, regardless of whether such other person has installed a security system for their database or not and the User shall not made available the data or picture of other person to the public without his/her permission. If any act of the User causes the losses or damages to the third party, the User shall be solely responsible for such losses and damages.
7. The User shall not transmit-receive any statements, data, picture or codes which are contrary to the laws, or the resolutions of the Council of Ministers, or policies, rules, regulations, orders or notifications of the Supervise authority Official circulars, or public order, good moral and the peace, or harm to the security of the nation.
8. The User shall not use the Internet network under this Application in the way that breach of condition of the Company service and/or breach of the communication circuit condition of the supervise authority, any losses or damages, result from such breach, shall be the sole responsibility of the User.
9. The User shall use reasonable care and shall not do any act to the Internet Network in order to gain access to other computer system regardless of whether such computer system belongs to the Company or to other person to which the User is not permitted to access, and the User shall keep his password strictly confidential and shall not permit any unauthorized person to use such password.
10. User acknowledges that the copyright of installed Software (if any) under this contract does not belong to the Company. When the Company registers to use such software with the copyright owner as requested by User, User cannot revoke and/or transfer such license to any other person as these are prohibited by the terms and conditions of the copyright owner. Thus, User is bound to pay the software license fees in full whether it has been used or not.
11. The Company and the User agree that the ownership of the goods sale under this agreement [if any] will transfer to the User after the price has been fully paid to the company. In case that the price has not been paid, The User allows the seller to take the goods back from the User’s place, and the User shall be responsible for all damages occurred.
12. The User has an obligation to reserve and back up his data himself. The Company shall not be liable for any losses or damages caused by the defect, malfunction or un-operation able of the cable system or communications circuit, or the network system linkage causing the delay, loss and damages to statements, information, data, pictures or code used by the User in communication.
13. The control, detection, protection, storing or any other acts, including the guarantee of the quality of Information, data or picture transmitted through the Company’s network are not the Company’s duties. Also, the losses or damages resulting from the delay, mistakes, defect or malfunction of the communications circuit or disk drive, the User used by for transmission purpose through the Company’s network, are not the Company’s responsibility.
14. Terms and conditions stated in the Application are material conditions. The breach of such terms and conditions shall result the immediate service discontinuation, without giving notice in advance, and termination of the Application, nor will the Company be liable to pay any costs of termination to the User.
15. In case of having any Service Account more than one Application or Service Account, when the User faults any payment hereunder or breaches any Application or Service Account or purchasing contract or other contract with the company, it will be held that the User also breaches of the other Application or Service Account with the Company. The Company is entitled to terminate immediately all of relevant Application or Service Accounts and stop or suspend provision of services.
16. In case of the losses or damages occur to the Company or the third party is the result of the User’s noncompliance with the terms and conditions stated in the Application, the User shall be fully responsible to such losses and damages.
17. The Company reserves the right to be responsible for the User for any damage or any trouble of the services arisen from the Company’s fault within the scope of this application at the amount not exceeding 1 (one) month of the services fee for any damage or any trouble arisen within that month.
18. In case the User wishes to terminate the Application prior to the end of the term, the User shall notify the Company in writing not less than thirty (30) days in advance or in case the Company terminate this Application because of the User’s fault, in any case, the User must pay a liquidated damages in the amount equivalent to 100% of all of the Service Fee for the remaining term of the Service Period to the Company and the User agrees to compensate the Company for all discounts and other sale promotions made by the Company for its consideration of volume and/or term of Service actually used by the User in accordance with Regular Service Fees as specified in the application form hereof within fifteen days from the date of termination.
19. Neither party hereto shall be liable for failure in performance of its obligations under this Application due to force majeure beyond the control of the party and any cause or circumstances beyond its control and protection even though due care.
20. The Company may (temporarily) suspend service and will try to notify the User in a timely fashion. Unless case of force majeure happened to the company or network provider who provides services under this contract or the user’s death/entity ceases or any use of false documents for applying or it is necessary to maintain or repair the system used for providing telecommunications services. The company can suspend the service immediately and is not responsible for any damages caused to the user due to the above causes.
21. During the term of this service or further extension, if any, the User shall have no rights to assign any of its rights or obligations herein to any person without prior written consent of the Company. In case of permitted assignment, any and all obligations as well as payment obligations of the User shall remain in full force and effect. In addition, the User shall inform and procure its permitted assignee to acknowledge and comply with all terms and conditions of this Application.
22. The User hereby authorizes the Company to record his or her personal data in the individuals’ register of the Company, necessary for administration and management tasks. This individuals’ register contains data regarding the account and traffic and is accessible only by the Company, without being disclosed to third parties, unless the Company is bound to do this by the law or by a court ruling. The User hereby authorizes the recording of his or her personal data in the public internet whois-database. The Company is bound to disclose such data upon registration of a domain name for the User. The User may choose to record the domain name under the name of the Company. This option must be communicated upon placing the order.
23. The choice of the domain name is made at the User’s expense and risk, and the Company takes no responsibility for the choice and use of the domain name.
24. Company is entitled at any time to amend these general terms and add additional ones. Such amendments become operative one (1) month after communication thereof. If the customer does not agree to such amendments, he or she is entitled by the effective date of the amendments, to waive the contract, as of when the amendments become operative. Exception: The User is not entitled to waive the contract if the amendments made to the general or additional terms are related to the obligations imposed by the government or by the ICANN (Internet Corporation for Assigned Names and Numbers).
25. This Application will be governed by and construed in accordance with the laws of Thailand. If any provision of this Application is held to be invalid or unenforceable, all other provisions shall remain in effect.