Term of service
In contracting our services or using our website you are deemed to have read and agreed to the following terms and conditions:
ASSIGNMENT OF PROJECT
Team Success Co.,Ltd. reserves the right to assign subcontractors to this Project to insure that the terms of this agreement are met. Client agrees to the use of 3rd party or open source technologies or frameworks for this project by Team Success Co.,Ltd. without prior written or verbal consent by Client.
We are committed to protecting your privacy. Authorized employees within the Company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We are registered under the PDPA Thai Law 2562 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our partner(s) / supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
DISCLAIMER EXCLUSIONS AND LIMITATIONS
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- Excludes all liability for damages arising out of or in connection with your of our provided software/website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
DESCRIPTION OF SERVICE
Team Success Co.,Ltd. designs develops websites, web applications, software and mobile apps. Client understands that TEAM SUCCESS CO.,LTD. ’s services may include certain communications from Team Success Co.,Ltd. such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to Team Success Co.,Ltd. ‘s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access Team Success Co.,Ltd. ‘s services.
SCOPE OF WORK
Client understands that the website/software purchase and development includes a specific number of pages, features and/or functionality. The Client proposal and Project Specifications Document lists the specific features, functionality and number of pages purchased. The website/software only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.
Team Success Co.,Ltd. does not warranty any issue caused due to server limitations or changes is not covered in the warranty. Any bugs related to 3rd party servers, operating systems 3rd party database integration, web browsers, 3rd party software (including open source cms and frameworks), 3rd party plug-ins are not cover under the warranty. If Team Success Co.,Ltd.code, including any file, html, script, text or database is modified or new code/html/text is added, by Client or 3rd party, without prior written permission of Team Success Co.,Ltd. , the warranty will be deemed null and void. The warranty is also nulled if any backup restore or rebuild of application is needed and done without express written consent of Team Success Co.,Ltd. . This warranty does not include fixes for issues related to new browser versions that were implemented after project start or older browser versions that are no longer supported by the manufacturer. Team Success Co.,Ltd.is not responsible for ensuring all requested functionality by client is compatible with all supported browser versions and additional charges may apply to modify or resolve potential browser issues.
The right to warranty is forfeit if the web application, mobile app or custom software source code is accessed or modified by any third party company for any reason. This includes any changes that are directly make to any project file including but not limited to .html, .htm, .js, .php, .aspx, ,tpl, .sql, ,css, .xml, .txt, .jpg, or .png. The warranty will not be honored if any of the client payments are over-due or any monies have been charged back or rescinded.
ELECTRONIC DELIVERY POLICY
Team Success Co.,Ltd.is a web application and software development business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from Team Success Co.,Ltd. any notices, agreements, disclosures, or other communications (Notices). Client agrees that Team Success Co.,Ltd. may send electronic Notices in either of the following ways 1) To the email address provided to Team Success Co.,Ltd. at the time of sale or 2) to the new email address account Client set up through Team Success Co.,Ltd. . Client agrees to check the designated email addresses regularly for Notices. Notice from Team Success Co.,Ltd. is effective when sent by Team Success Co.,Ltd. , regardless of whether the Notice is read or received by Client.
CALL MONITORING AND RECORDING PRIVACY STATEMENT
As part of Team Success Co.,Ltd. ‘s commitment to providing the best possible service Team Success Co.,Ltd. may monitor and record phone calls answered by Team Success Co.,Ltd. and made by Team Success Co.,Ltd. . Team Success Co.,Ltd. may also archive recorded voice mail messages. Team Success Co.,Ltd. records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows Team Success Co.,Ltd. to identify how Team Success Co.,Ltd .can better serve its customers
SOFTWARE PROJECT DEVELOPMENT PROCEDURE
With help and input from the Client, Team Success Co.,Ltd. will develop the contracted scope of the software project. Before work may begin on a project, the Client must sign the project acceptance agreement and electronically accept these Terms of Service. Client may submit their design survey to Team Success Co.,Ltd. through Team Success Co.,Ltd. ‘s online design survey application.
In submitting the survey, links to sample sites the Client likes are for general information purposes only and assist Team Success Co.,Ltd. with the design of the Client’s custom website or software. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in Team Success Co.,Ltd. ‘s proposal and Project Specifications Summaries and do not infringe upon the intellectual property rights of others.
Team Success Co.,Ltd. will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.
Client understands, agrees and acknowledges that Team Success Co.,Ltd. does not guarantee a time frame for completion of ANY website or software project. This is in part because it is difficult to complete a project without design and functionality approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the project, the completion time frame is increased. Other factors that may influence the completion date of a project include, but are not limited to, complexity of Client’s project(s), availability of Team Success Co.,Ltd. personnel, accounting status of Client’s account, etc.
If Client does not respond to Team Success Co.,Ltd. communications and, as a result, Team Success Co.,Ltd. is not able to start or complete the website/software project, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client’s website/software requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.
While Team Success Co.,Ltd. does not guarantee a time frame for the completion of any custom website or software project, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by Team Success Co.,Ltd.at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website / software including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that Team Success Co.,Ltd. will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.
The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by Team Success Co.,Ltd. and Client’s timely cooperation with Team Success Co.,Ltd. in any solicitation for information related to the website / software’s development.
If expedited service is offered to Client by Team Success Co.,Ltd. , Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the project, i.e. database, flash, e-commerce, design, programming and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will Team Success Co.,Ltd. guarantee the respective portion or portions of the website / software subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website / software that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide Team Success Co.,Ltd. with requested information in a timely manner, Team Success Co.,Ltd. reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to Team Success Co.,Ltd. for any and all other charges related to the website / software’s development.
PAYMENTS & CHARGEBACKS
Bank transfer, Bank check, personal check, money order, all major Credit/Debt Cards (Master Card, Visa, American Express) are all acceptable methods of payment. Prior authorization from Team Success Co.,Ltd. is required before Client use of a payment by Credit Card.
Payment must be made promptly based on the terms of any development project. If payments are overdue or Client cancels contract, Client hereby agrees to allow TEAM SUCCESS CO.,LTD. to card Client credit card on file to pay for unpaid balance. Client also agrees to waive all charge back rights regards to any transactions and will follow contract resolution procedures. Client agrees Most development work will incur a deposit to the amount of 50% of the total project payment. If payment has not been received by 10 days, a follow up email will be sent. After 28 days of non-payment, the contract may be terminated. After termination, if the Client wishes to resume, the Client may reinstate the project by remitting the balance of the invoice and s service reinstatement fee of up to 20% of total project cost. It is not possible to refund a deposit or any project payment after thirty (30) days or once we have sent the design or development source code work to the Client or loaded it into their server. We reserve the right to decide whether a refund is applicable, if requested by the Client for any reason. If a refund is provided, any disbursements already paid to 3rd parties by the Company on behalf of the Client (including but not limited to hosting fees, domain name registration, software purchases) will not be refundable. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Phone requests will not constitute acceptance of any cancellation.
All works remain the property of the Company until paid in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 4.0% until such time the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through small claims court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs in the State of California.
TERMINATION OF AGREEMENTS
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website/software is not maintained by Team Success Co.,Ltd. .
Client is responsible for testing the functionality of the website / software upon Team Success Co.,Ltd. ‘s request for approval, and notification that the website / software has been completed. This includes, but is not limited to, functionality of all website / software pages, programmed functionality, database, e-commerce store, payment functions, galleries, forums and other business software functionalities.
Client website / software design may be posted live as soon as the website design is completed by Team Success Co.,Ltd.and full design milestone payment is received from Client to Team Success Co.,Ltd. . Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed. The website / software may be posted live within 30 days from purchase if Team Success Co.,Ltd.is required to complete content and design without complete Client input or content from Client.
The Client understands and agrees that if the Client does not respond within 5 business days to Team Success Co.,Ltd. ‘s request for approval and notification that the website / software has been completed and taken live, the website / software along with the functionality of the website / software and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website / software has been tested and approved by the Client.
The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to Team Success Co.,Ltd. ‘s notification or requests for missing information, the website / software, along with the functionality of the website / software and the services rendered, will be deemed to be approved by the Client, and the website / software will be taken live with the missing information “as-is” or “under construction”.
In the event that Team Success Co.,Ltd. completes all of the work per the original sale and database write ups, Team Success Co.,Ltd. reserves the right to move the site live and deem the work to be completed without Client’s permission if Client will not give approval of the work.
SCOPE CHANGE REQUESTS BEFORE AND AFTER WEBSITE / SOFTWARE GOES LIVE
Team Success Co.,Ltd. agrees to build a website / software to specifications quoted per the original proposal and original project specification document. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at Team Success Co.,Ltd. ‘s standard hourly rate. Team Success Co.,Ltd. is not obligated to complete Client requests or changes outside of the scope of work on the original proposal. If Team Success Co.,Ltd. does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the Thailand govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the Thailand, Thailand courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
NOTIFICATION OF CHANGES
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Team Success Co.,Ltd.
90/79 Moo 8 , Bang Kaeo, Bang Phli, Samut Prakarn, 10540
Data Protection Officer
90/79 Moo 8 , Bang Kaeo, Bang Phli, Samut Prakarn, 10540
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