Terms of service

TH , EN

Article 1 (Purpose)

1. These Terms of Service refer to various services provided by Cloud Ace Ltd. (location:199 Column Tower,15th Floor, Room no. 1505, Ratchadapisek Road, Kweng Klongtoey, Khet Klongtoey, Bangkok 10110, hereinafter referred to as “the Company”). The purpose is to establish the conditions necessary for using the Service (hereinafter referred to as the “Service”).

2. If a person (hereinafter referred to as “Applicant”) applying for a contract related to the use of this service (hereinafter referred to as “Applicant”) receives consent from the Company (“ "Applicant" is hereinafter referred to as "Contractor".) The Contractor shall comply with these Terms of Use when using the Service.

3. If the contents of these Terms of Use differ from the contents of the Service Use Agreement, the contents of the Service Use Agreement shall be applied with priority.

4. The contents, fees, and contract periods, etc. of this service which can be used by the contractor shall be specified in the service use contract in addition to those specified in these terms of service.

Article 2 (Application for Service Use Contract)

1. The applicant shall submit to the Company an Order Sheet form prescribed by the Company.

2. The applicant shall apply after agreeing to the terms of use.

3. If the Company requests the submission of materials necessary for the applicant to determine whether or not to apply for the service use contract, the applicant shall submit the materials to the Company.

Article 3 (Establishment of service use contract)

1. The service use contract shall be established when the Company accepts the application form submitted by the applicant in accordance with the provisions of the previous article.

2. The Company may not accept the application for service use contract if the applicant determines that it falls under any of the following items.

• (1) When the application form is not filled in or other incompleteness, or when false facts are entered in the application form, other false facts are declared upon application.
• (2) When there is a risk of neglecting to fulfill the obligations of the contractor under these terms of service or service use contract.
• (3) If the user has violated the Terms of Service or the contract for using the Service in the past.
• (4) When there is a fact contrary to the statement or commitment specified in Article 24.
• (5) When the Company's business is hindered or when the Company determines that it is not appropriate to conclude a service use contract.

3. If the service usage agreement is established upon acceptance of the provisions specified in paragraph 1, the Company will notify the contractor to that effect.

Article 4 (Change of name etc.)

1. If any of the following items arises, the contractor shall notify the Company in writing in advance.

• (1) Change of corporate name or trade name
• (2) Change of representative
• (3) Change of the location or address of the head office and main office
• (4) Other changes to application items submitted to the Company

2. The Company shall not be liable even if the contractor suffers a disadvantage due to neglecting the notification in the preceding paragraph.

Article 5 (Change of service content)

1. If the contractor wishes to change the contents of this service provided by the Company, the Contractor shall submit the prescribed application form to the Company again.

2. The provisions of Article 2, Paragraph 2, Paragraph 3, and Article 3 shall apply mutatis mutandis to the procedures for changing the contents of the Service prescribed in the preceding paragraph.

Article 6 (Changes to these Terms of Use)

1. The Company may change the contents of these Terms of Use by posting on the Company's website (https://th.cloud-ace.com/home) in advance. In this case, the terms of use of the Service by the contractor shall be the contents of the Terms of Use after the change.

Article 7 (fee)

1. When using this service, the contractor shall pay cash to the Company the fee specified in the service usage agreement by the method specified by the Company.

2. Payment of the charges prescribed in the preceding paragraph shall be made by one of the following methods approved by the Company. The contractor shall bear all transfer fees and other expenses required for payment.

• (1) Account withdrawal
• (2) Bank transfer
• (3) Other methods specified by the Company

3. About exchange rate will calculate according to the CITIBank USD exchange rate to be confirmed on the invoice creation date.

Rate confirmation page:

https://www.citibank.co.th/THGCB/COA/frx/prefxratinq/flow.action

Calculation function:

สกุลเงิน: USD

ธนบัตร: ราคาขาย

Rates as: invoice making date (Cloud Ace Thailand confirming this rate.)

Article 8 (Premium)

If the contractor is illegally waived from the fees for this service or other financial obligations to the Company, the contractor shall increase the amount equivalent to twice the illegally evacuated amount plus the amount equivalent to the consumption tax. You must pay to us.

Article 9 (Delayed Damages)

If the contractor fails to pay the fee for this service or other obligations to the Company, the contractor shall pay the past due damage to the Company in the amount calculated at a rate of 14.6% from the day following the due date．

Article 10 (Prohibited Matters, Compliance Matters, etc.)

1. The contractor must not perform any of the following actions when using this service.

• (1) Any act which infringes or may infringe on personal interests such as honor, trust, privacy, etc. of the Company or a third party.
• (2) Acts which infringe on copyrights or other intellectual property rights of the Company or third parties, or acts that may cause them (construction or improvement of products or services that are substantially similar to this service, such as machine translation engines) Including the act of using this service for the purpose).
• (3) The act of using this service by impersonating our company or a third party.
• (4) A criminal act or an act that arouses or facilitates a criminal act or an act that may cause it.
• (5) An act of falsifying or erasing the information of our company or a third party accessible by this service.
• (6) Acts that obstruct or may interfere with the provision of this service.
• (7) Acts that use or may cause the use of the Service in a manner or manner that interferes with the use of the Service by a third party.
• (8) Duplication, modification, reverse engineering of software / content provided by our company in this service, as well as decompilation, adaptation, disassembly and other acts of extracting source code.
• (9) Acts where this service is used for the operation of nuclear facilities, air traffic control, life support equipment, or other uses where malfunctions of this service could endanger life, body or environment.
• (10) Multiple projects that pretend to be a single project (a resource unit for calculation, storage, communication, etc.)
• (11) Information processing and custody activities subject to international weapons transport regulations established by the US Department of State.
• (12) Development or operation of communication services using this service (applications that enable end users to call or receive power over the public switched telephone network).
• (13) An act of illegally using an ID or password.
• (14) Using this service to use a computer program such as a computer virus that interferes with or may cause other people's business, or to provide it to a third party, or to do so.
• (15) Actions to disseminate information on customs, adults, obscenity, child pornography, information that restricts the use of minors and youth, or actions that the Company deems similar or inappropriate.
• (16) In addition to the above, acts that infringe on the rights of the Company or third parties, or acts that violate laws or public order and morals.

Article 11 (Prohibition of Resale)

The contractor shall not resell (reselling something previously bought), resell or sub-license all or part of the Service to a third party without the prior consent of the Company.

Article 12 (Consignment to a third party)

The Company shall be able to entrust a third party to perform part or all of the services of this service with the prior consent of the contractor.

Article 13 (Contact / Notification)

1. Inquiries regarding this service, other notifications of responses from the contractor to the Company, notifications regarding changes to these Terms of Use, and other notifications or notifications from the Company to the Contractor shall be made in the manner prescribed by the Company.

2. If we send a notification to at least one of the registered addresses, facsimile numbers, e-mail addresses, etc. from the contractor, it will normally arrive even if it does not reach, it is considered that the time has arrived.

Article 14 (Data backup)

The Company may check or copy the data stored by the contractor on the server through the use of this service in order to support the recovery of server equipment failure or stoppage, and the maintenance and operation of this service.

Article 15 (Privacy)

1. We protect the privacy and legal rights of subscribers under all applicable laws and regulations.

2. The handling of personal information shall be in accordance with the personal. information protection policy stipulated by the Company.

https://www.cloud-ace.com/about-cloud-ace/privacy-policy

3. The Company may access, monitor, use and disclose data submitted by the contractor through the Service to the extent necessary to provide the Service. In addition, data submitted by the contractor through this service may be provided to Google Inc. to the extent necessary to provide this service.

Article 16 (Confidentiality)

1. The contractor and the Company keep the confidentiality of information disclosed by the other party based on these Terms of Service and the Service Usage Agreement, and will not disclose it to a third party unless there is consent from the other party.

2. Confidentiality set forth in the preceding paragraph, shall not apply to cases falling under any of the following.

• (1) Information publicly known regardless of public facts or reasons attributable to the parties
• (2) Information legally obtained from a third party
• (3) Information held at the time of disclosure
• (4) Information that is required to be disclosed by law, government agency, or court order

Article 17 (Deleting written content)

1. In the following cases, the Company shall be able to suspend the server with prior notice to the contractor.

• (1) When the Company determines that the written content is prohibited
• (2) In other cases where the Company deems inappropriate

2. In the following cases, the Company shall be able to delete the contents written by the contractor after notifying the contractor in advance and obtaining consent.

• (1) When a certain period has elapsed after writing
• (2) When the disk space allocated by the contractor is significantly exceeded

Article 18 (Service Maintenance / Suspension / Change / Abolition)

1. In order to keep the operation status of this service in good condition, the Company shall be able to perform maintenance and inspection at any time after pausing the operation.

2. In the case of the preceding paragraph, as a general rule, the contractor will be notified in advance, but in the case of an emergency, it will be possible to carry out maintenance and inspection without pausing without notice.

3. The Company shall be able to interrupt the operation of the Service for unavoidable reasons such as accidents or force majeure.

4. When a natural disaster, incidents or other emergency occurs or is likely to occur, the company shall provide information necessary for disaster prevention or relief, securing traffic, communications or power supply, or maintaining order in order to preferentially handle communications which need to be urgently performed for other public interests, and may take measures to limit the use of this service.

5. The company shall be able to add, change, or abolish the contents of this service after notifying the contractor in advance.

6. The company shall not be liable for any damages incurred by the contractor or other third parties due to delays or interruptions in the provision of services due to the preceding paragraphs or similar reasons.

Article 19 (Contract period)

This service is valid for one month from the date of signing the contract, and is subject to a written objection to the other party (up to three days before the expiration of the term from the contractor to the company, If the contract is not made to the contractor by 14 days before the expiration day), it will be extended for another month with the same contents, starting from the day after the expiration of the period, and so on.

Article 20 (Cancellation by Contractor)

1. If you wish to cancel the service usage contract, the contractor shall submit to the company the cancellation application prescribed by the company.

2. If the service usage contract is canceled based on the preceding paragraph, the usage fee for this service until the cancellation date will be based on the prorated calculation of the number of days of the month to which the cancellation date belongs. However, some services such as agency fees are excluded.

Article 21 (Cancellation / Suspension / Loss of Profit by Time Limit)

1. If the contractor falls under any of the following items, the company will not require any notice, immediately cancel all or part of the service use contract, and stop providing all or part of this service. In this case, we will not prevent claims for damages against our contractors.

• (1) When violating the provisions of these Terms of Service and Service Usage Agreement.
• (2) When we have made false declarations, notifications, etc. or fraud or other misconduct.
• (3) When account withdrawal is adopted as the payment method for this service, the payment account specified by the contractor cannot be used by the storage agency or financial institution.
• (4) When a business suspension or business license or business registration cancellation is received from the supervisory authority.
• (5) When a petition for seizure, provisional seizure, provisional disposition, compulsory execution, auction for the execution of a security interest, tax delinquency disposition or other similar procedures is received.
• (6) When a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, company reorganization proceedings or special liquidation is filed.
• (7) When a bill or check that has been drawn or accepted by the bank becomes undelivered even once or when payment is suspended.
• (8) When the merger disappears, the amount of capital decreases, the business is abolished / changed or dissolved.
• (9) When a reason arises that makes it difficult to fulfill this usage agreement or service usage agreement.
• (10) Any other significant change in assets, credit or solvency.

2. If the contractor falls under any of the items of the preceding paragraph, the contractor must immediately pay all obligations borne by the contractor at that time to the company.

Article 22 (Deleting Data with Contract Termination)

After termination of the service use contract or other reasons, the Company can delete all data stored on the server by the contractor by using this service. We are not responsible for any damage.

Article 23 (Prohibition of Transfer)

The contractor cannot transfer these terms of service and the rights and obligations under the service use contract to a third party.

Article 24 (Exclusion of anti-social forces)

1. The contractor is a person who has not passed 5 years since the self or his / her agent or agent is no longer a gang, gangster, a gangster associate member, gangster related company, general assembly, social movements, etc., or special intelligence violence groups, etc., and other persons equivalent to these (hereinafter referred to as “violent members”) expresses that it does not fall under any of the following items, and that it does not fall into the future.

• (1) Having a relationship where gang members are recognized as controlling the management.
• (2) Having a relationship where gang members are recognized as being substantially involved in management.
• (3) Have a relationship that is recognized as unfairly using gang members, such as for the purpose of gaining fraudulent profits of the company, its own company or a third party, or for the purpose of causing damage to a third party.
• (4) To have a relationship that is recognized as being involved, such as providing funds to gang members, or providing convenience.
• (5) Officers or persons who are substantially involved in management have a relationship that should be accused socially with gang members.

2. The company found that the contractor or the agent of the contractor or the mediator of the contractor falls under any of the items in the preceding paragraph, etc. If you do, you will be able to cancel the service usage contract and other contracts without making any notice.

3. The company will not be liable for any damage caused to the contractor due to the cancellation of the service use contract based on this section.

Article 25 (Limitation of Liability)

1. When the company should provide the Service, if the Service is not provided to the contractor for reasons attributable to the company, the service shall be counted from the time when the Company knows that the Service cannot be used. If the service continues for more than 72 hours in a row, or if this service is not available for a total of 120 hours or more in a single month, the charge amount for that month will be limited by a request from the contractor as compensation for damages. However, if the contractor does not make the request by the day when one month has elapsed from the date on which the request can be made, the contractor shall lose its right.

2. The time when this service cannot be provided due to maintenance, interruption, or change of the service, etc. shall not be included in the period in which the service cannot be provided.

3. The company is responsible for damages caused by the damage or loss of information, etc. due to the use of this service and other network services through this service, or damages caused by the information obtained by the contractor from this service and shall not be liable for any compensation.

Article 26 (Disclaimer)

Except as stipulated in the previous article, the company shall not suffer any damage caused by or related to the use of this service (the data stored on the server by the contractor is lost, damaged or leaked, or the original use (including damage caused by use for purposes other than the intended purpose)), and the contractor shall not claim compensation for the damage from the Company. If the contractor causes damage to a third party through the use of this service, the contractor shall resolve it at his / her own responsibility and burden.

Article 27 (Damage Compensation)

If the contractor or the company causes damage to the other party by violating these Terms of Service or the Service Use Agreement (including the case where there is a fact that is contrary to the statement or commitment specified in Article 24, Paragraph 1) will compensate for the damage. In this case, the maximum amount that the company will compensate the contractor is the amount equivalent to the usage fee of the Service paid by the contractor to the company as the previous month of the month in which the cause causing the contract occurred.

However, the upper limit of compensation for damages is not limited to cases where the contractor or the company has caused damage to the other party due to deliberate or gross negligence.

Article 28 (Discussion)

Matters that are not stipulated in these Terms of Service and Service Usage Agreement, and matters which differ in the interpretation of these Terms of Service and Service Usage Agreement, shall be resolved after consultation in good faith between the contractor and the company.

Article 29 (Governing Law)

The governing law relating to these terms of service and service use contracts shall be Thailand law.

Article 30 (Court of Jurisdiction)

In the event of a dispute between the contractor and the company regarding the use of this service, the Thailand Court shall be the exclusive agreement jurisdiction court of the first instance.

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