ศูนย์บริการลูกค้า
1. In this Application Service, unless stated otherwise, the
following words shall have
the meaning specified herein.
“The Company” means CS Loxinfo Public
Company
Limited.
“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.
“Due Date of Payment” means the last day of the service
period
for one every month,
regardless of whether or not the period of service for the first and /or the last month of
service is less than full
calendar month and in such case the service charges shall be calculated prorate.
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 mean 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 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. The 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 belong 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 is 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 any provide
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. The User
acknowledges that Office of The National Broadcasting and Telecommunications Commission
granted
the Company to
provide service. In case the license
granted by the Company as a service Provider is
revoked
or terminated or
expired for whatever reasons, this Agreement shall automatically terminated at the same
time,
and the User shall
have no claims whatsoever against the Company, except to refund the Service Fee paid in
advance
for the unused
service.
19. 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 35% 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.
20. 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.
21. In case of necessity, the Company may temporarily suspend service by
notifying
reasons of such
rights to the user in writing not less than thirty (30) days in advance.
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.
22. 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.
23. 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.
24.
Meaning in Thai is valid if it is construed differently from meaning in English.
Additional Terms And Conditions For Co-Location / Dedicated / Virtual Server / AZCloud / DR Site Service
1. Definition
1.1 “Co-Location Service” or
“Service” means the service
of providing computer deposit in the Data Center (“DC”) prepared by the Company including
facilities for The User’s
utilization and installation of its equipment.
Standard Services include:
1.1.1 “Full
Rack” means computer
deposit located in a Rack of 73.5 inches (42U) at size which is available for 14 units of
computer.
1.1.2 “Half
Rack or ? Rack” means computer deposit located in a half size or 36.7 inches of Rack of 73.5
inches (42U) at size
which is available for 7 units of computer.
1.1.3 “Quarter Rack or ? Rack” means computer
deposit located in a
quarter size or 18.3 inches of Rack of 73.5 inches (42U) at size which is available for 3
units
of computer.
1.2
“Dedicated Service” means the service for hire-purchase of equipment such as computer
servers,
Router, and etc., and
a rental space service in the Data Center (“DC”). The ownership of computers and equipment
shall
be vested in The
User at the end of the period of service under this application.
1.3 “Virtual Server or
AZCloud Service” means
the service which provides a rental space in the server deposited in the Data Center
(“DC”).
1.4 “DR site
service” means Office of emergency in the Data Center (DC) prepared by the Company,
including
area and ready-to-use
facility. There are 2 types of services: dedicated room and shared room.
1.4.1 Disaster
Recovery Service:
dedicated room means reserve room at all times in service fees will be charged on a monthly
fee
which the service
period specification in the first page of this application: clause 1
1.4.2 Disaster
Recovery
Service: Shared room
means reserve room by timing which will be charged on a yearly fee and service fees (pay per
use).
1.4.3 Facility
provides at DR site in the term including Telephone line, Internet line connection, Office
furniture, Electricity
system and air condition system.
1.5 “Other Services” means products sold by the Company
to
The User , and/or
optional support services offered to The User such as equipment, computer servers, Router,
any
speed internet
connection, firewall rent, security system and etc.
1.6 “Authorized Person / Authorized
Contact” means any level
of The User’s representative appointed or named by The User. The rights and obligations of
each
level are specified
accordingly with the Authorized Person Form or Authorized Contact List. The Authorized
Person
form and the
Authorized Contact List shall form part of the application.
2.
Responsibilities
2.1 The
Company shall maintain area, environment, facilities and equipment within DC in good
condition
and in a readiness
for the “Service”. The Company shall hold itself responsible only for working condition of
such
equipment,
processing system, and programs in order to connect to the internet backbone. Whereas the
Company will not be
responsible for data collection and administration as these shall only be The User’s
exclusive
authority in doing
so.
2.2 In accessing the DC, as well as to modify or remove any equipment in DC, the User
shall make an
appointment in advance, with a prior written notice or any other documents referable to such
appointment through 24
hours Hotline Service Center. Notwithstanding as aforesaid, The User shall not do anything
which
may affect to
equipment of DC without written consent of the Company.
2.3 The User agrees to comply
with DC
policies of the
Company which attached as part of the application. The User shall use a reasonable care in
supervising and utilizing
the Services and shall not use such Services in any means for violating the other’s rights,
accessing to any
computer system without legitimate permission, or using any computer system in a manner that
might cause problems or
affect to overall or part of the Company’s Services (such as Camfrog, Bit Torrent, or any
other
application). The
User shall not do any act which is harmful, contrary to the laws or against public order and
good morals of the
people, or which is prejudicial to the peace and security of the country. If any act of The
User
causes the loss or
damage to the third party, The User shall be solely responsible for such loss and damage. In
case the User breaches
this clause, the Company shall have the right to cancel or suspend the Services without
prior
notice.
2.4 The
User clearly understands that for the convenience of The User himself, the Company shall
have
the authority of
appointing any person named by The User to temporarily become the “Authorized Person” at the
initial period of any
provided Services. The User also understands that he has an obligation to send a new
Authorized
Person Form to the
Company so that the Company will replace the Authorized Person (Temporary) From with such
Authorized Person Form. In
case The User has not yet sent such Authorized Person Form, the person named by The User in
Authorized Person
(Temporary) Form shall become the Authorized Person according to this application. The User
shall inform such
Authorized Person to act accordingly with the terms and conditions provided by the Company.
Any
act performs by such
Authorized Person shall deem to be the act performs by The User himself.
2.5 The Company
reserves the rights to
suspend the Services to The User by the Court order or other regulator in
charge.
3.
Termination
3.1 The User acknowledges that the Company provides the
dedicated
equipment for The User
only. Ownership of its computers & equipment are vested in The User at the end of the
period
of the Services
under this application. In case The User terminates the Services prior to the agreed term or
the
Company terminates
the Services due to a non-compliance with term and conditions of The User, The User agrees
to
immediately pay the
price for all computers & equipment, and remove its equipment from the DC. In case The
User
fails to do so
within 30 (thirty) days from the date of termination, the User agrees that the Company is
entitled to sell its
equipment to subsidize the price of its equipment and the outstanding debts. If such
outstanding
debts and price of
its equipment are over the sale price, The User agrees to pay to company in full.
3.2
Subject
to the provision of
Article 3.3 hereunder, in case of termination, The User shall immediately remove its
computers
and equipment out of
DC or remove data in Virtual server/ AZCloud service. If The User fails to do so, the
Company
shall not be liable
for any damage which may be occurred.
If The User does not remove its computers and
equipment, the Company shall
have the right to disconnect the signal and remove such computers and equipment from DC to
the
central area provided
by the Company. The User shall take his computer and equipment back within 30 (thirty) days
from
the termination
date, and shall be responsible for any charges occurred, at the rate announced by the
Company
from time to time on
www.csloxinfo.com. If The User fails to take his computers and equipment within the
specified
period, The Company
shall have rights over The User’s computers and equipment by using them for the benefit of
the
Company, using them
as a guarantee of The User’s debts or etc., and The User agrees not to claims for any losses
or
damages from the
Company. The Company shall also be entitled to sell The User’s computers and equipment to
subsidize the storage
expenses, setting on sale in public auction to subsidize the storage expenses and the
outstanding debts, or
destroying The User’s computers and equipment. Any expenses occurred shall be borne by The
User.
3.3 In case of
termination which The User still has outstanding debts with the Company, the Company
reserves
the right to retain
The User’s computers and equipment and not allow the removal of such computers and equipment
from DC. The Company
will store such computers and equipment at the central area provided by the Company, at the
rate
announced by the
Company from time to time on www.csloxinfo.com. The User agrees to pay all charges in full
by.
If The User fails to
complete the settlement within 30 (thirty) days from the date of termination, the Company
shall
immediately has the
rights accordingly with the second paragraph of Article 3.2.
4. Terms of
Payment
(Extended)
The User acknowledges that the Company provides DR Site service
for
annual members only.
The User shall pay annual service fee [VAT Excluded] to the Company for registration of the
DC
service [Shared room]
The User shall pay the annual fees within the period specified in the invoices. The annual
service fee is
non-refundable unless specified in this Application. The annual service fee does not include
access fee per time
which shall be paid to the Company within the period specified in the invoices. (Service
time
schedule is specified
in the first page of this application: clause 2).
5.
Interpretation
This Application has
been prepared in both Thai and English. In the event of any inconsistency, the Thai version
shall apply and be
binding upon the parties.