DEFINITIONS: -
"The World Wide Web" means a network of computers
universally connected by communications technology as a
form of exchanging information between individuals and corporations.
"Web Pages" means a document comprising of text
and pictures featuring articles and advertising in an electronic
format about a particular product or service. These web
pages are made freely available on the World Wide Web.
"Set-up Price" means the consideration quoted by
the Company to the Client for the the production, design,
indexing and initial promotion services provided by the
Company for the creation of the Web Pages.
"Hosting Fee" means the ongoing maintenance,
promotion and service fee in respect to the hosting services
provided by the Company for storage and display of the Web
Pages.
AGREEMENT
1. PAYMENT:
In consideration of the production, design, indexing and
hosting of web pages for the Client, the Client agrees to
pay the quoted Set-up Price to the Company.
1.1 The Client agrees to pay the Company as follows: -
a) An advance non-refundable deposit fee, equal to 50%
(fifty percent) of the total Set-up Price
b) The remaining balance, equal to 50% (fifty percent)
of the total Set-up Price will become payable within seven
days after the Client is informed their web pages are available
for hosting on the World Wide Web. The Client acknowledges
that the Company will only host the Client's web pages (the
"Posting Date") on the World Wide Web, when full payment
of the Set-up Price has been duly received by the Company.
1.2 Payments shall be valid and deemed to have been made
when funds have been credited to the Company's bank account.
2. MONTHLY HOSTING FEE:
In consideration of the services provided by the Company,
the Client agrees to pay the quoted monthly Hosting Fee. At
the start of each calendar month or unless other arrangements
exist (quarterly or bi-annually) the Company will arrange
to post the Company's invoice for the Hostin Fee to the Client's
registered address and within 15 days of the invoice date,
payment will become due.
3. TERM OF AGREEMENT:
Hosting Agreements shall continue for an indefinite term
unless otherwise terminated by either party according to Clause
5 herein.
4. DEFAULT:
4.1 In the event the Client is in default of payments under
Clause 1.1. - a) and b) and Clause 2 of this Agreement, or
where the Client's account has been in arrears for over 60
days, the Company reserves the right to terminate the Agreement
having given one weeks notice.
4.2 Where the Client is in breach of this Agreement, termination
by the Company shall not relieve the Client of its obligation
to pay the Company unpaid installments that may be due for
payment.
4.3 Where the Client is in breach of this Agreement, the
Company may choose to retain any and all production material
relevant to the production and maintenance of the Clients
web pages until such time as all outstanding arrears are fully
settled.
4.4 The Company's failure to take action against the Client
for non-performance or breach of the provision under this
Agreement shall not be construed as general waiver or relinquishment
of any such right, term or condition. Notwithstanding the
Company's consent to the Client's performance or omission
of any acts contrary to those mentioned herein it shall be
deemed a consent granted for the particular case and not for
all others incurred thereafter.
5. TERMINATION:
5.1 Both parties may terminate this agreement by either party
giving the other, one weeks advance notice of their intention
to terminate the Agreement.
5.2 The Client acknowledges that where it elects to terminate
the Agreement prior to the Company posting its web pages,
"the Posting" date, the advance reservation deposit shall
be forfeited.
5.3 Where the Client has paid an advance Hosting Fee, (quarterly
or bi-annually) the Company hereby acknowledges that it will
arrange to pro-rata the Hosting Fees due to the Company from
the commencement of services rendered to the date of termination.
Any unused portions will be reimbursed to the Client.
6. INDEMNITY:
The Client shall indemnify and keep indemnified the Company
in respect of any liability, loss, damage, action, claim or
demand in connection with any damage or injury to persons
or property arising out of the use of information or otherwise
relating to the Clients web pages or, the performance of the
Company's obligations under this Agreement, save and except
where the same is due to the Company's willful act or omission.
7. NOTICES:
The Parties certify that the domiciles of the parties under
this Agreement are correct. Any notification or document to
be sent by registered mail with confirmatory copy by facsimile
by one party to the other party at the given domicile shall
be considered as legitimately delivered and acknowledged by
the other party on the day that the document should normally
arrive. If one party changes address, the other party must
be notified upon the date of the change.
8. APPLICABLE LAW
This service shall be governed and construed in accordance
with the laws of Thailand. Any dispute arising from provision
of such service shall be submitted to the Court of Thailand.
9. HEADINGS:
The headings appearing in this document are inserted only
for convenience and in no way do they define, limit or describe
the scope or the intent of the sections or clauses of this
Agreement and have no effect on this Agreement. Any references
to the singular or plural number shall be deemed to include
the plural or singular number respectively and words using
the masculine gender only shall include the feminine or neuter
gender and vice versa as the case may be.
10. ENTIRE AGREEMENT:
These Terms and Conditions and the Privacy
Policy, Disclaimer and Copyright Notice
linked hereto constitute the entire agreement between the parties
and no additions hereto nor modifications hereof shall be valid
unless the same are made in writing, and signed by both parties.
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