Revised: April 26^th, 2021

By accepting this Support Service Agreement, the customer authorizes Movaci Co., Ltd. (Movaci) to begin performing the Services or to continue performing the Services, if performance of the Services began prior to accepting this Agreement and allows access to the Customer systems for the term of the Agreement and shall continue such until Movaci completes the Services to be performed or until either party terminates this Agreement. Either party may terminate this Agreement at any time, without cause, by giving 3 (three) business days advance written notice to the other party of its intent to terminate the Agreement. Movaci reserves the right to terminate the Agreement without any prior notice, if the Customer proves to be delinquent in payment(s), unlawful, fraudulent, libelous, defamatory, obscene, profane, threatening, abusive, or racist.

The customer agrees to pay to Movaci for all Services rendered. All unpaid fees and expenses that have occurred through the date of termination are subject to additional late fees and penalties.

The customer agrees that all payments provided for Services are NON-REFUNDABLE.

WARRANTY

Under this Agreement, Movaci provides Services to Customers, and does not sell or license goods, except as expressly provided in a purchase order. Movaci warrants that it will perform the Services in a workmanlike manner.

THE WARRANTY EXPRESSED IN THIS SECTION IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY MOVACI. EXCEPT FOR THIS LIMITED WARRANTY, MOVACI MAKES NO OTHER WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, RELATING TO THE SERVICES TO BE RENDERED BY MOVACI UNDER THIS AGREEMENT, AND MOVACI EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT MAY ARISE IN CONNECTION WITH SUCH SERVICES.

Movaci offers a standard seven (7) day warranty for all non-recurring rendered Services unless otherwise stated. During this warranty, the Customer can request additional information and/or ask Movaci to fix potential issues occurred due to the performed Services. Software updates released in this seven (7) day warranty period are not covered by this warranty. If a part of the Service was the installation, update, or configuration of software, the Customer may not request updates to newer software versions if the new version was not publicly available at the date when the service was rendered.

Movaci is not responsible for hardware or software that is incompatible with the rendered services. Third party software and hardware is not covered by Movaci’s warranty. The warranty refers ONLY to the Services rendered directly by Movaci.

The Customer warrants that the rendering of the Services by Movaci will not violate the rights of any third party, including, without limitation, intellectual property rights.

GENERAL TERMS

Governing Law and Choice of Forum. This Agreement will be governed and interpreted in accordance with the laws of the Kingdom of Thailand, without regard to the conflicts of law or rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the courts situated within the Kingdom of Thailand. Each party, to the maximum extent permitted by law, hereby consents to the jurisdiction and venue of such courts and gives up any objections that such party may now have or hereafter have to the jurisdiction or venue of such courts, based on inconvenient forum or otherwise.

Independent Contractor

Movaci is an independent contractor for all purposes. Neither Movaci nor its subcontractors, nor the employees or agents thereof, shall be deemed to be employees or agents of the Customer. Movaci may use subcontractors or other third parties of Movaci’s choice to assist Movaci in rendering the Services hereunder.

Enforceability

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall remain in full force and effect.

Interpretation

The headings of this Agreement shall not affect the meaning or interpretation of this Agreement and are included only to facilitate its reading.

Force Majeure

Neither party shall have liability for damages or delays in performance due to natural disasters, power surges or failure, strikes or labor disputes, acts of god, war, civil disturbances, acts of civil or military authorities or the public enemy, or other causes beyond either party’s control.

Entire Agreement

This Agreement represents the entire agreement between the parties and supersedes all prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning Movaci’s rendering of the Services to the Customer. By accepting this Agreement, the Customer allows Movaci to connect to their systems and perform the Services.

NOTICES

Onsite and remote support services shall be treated as a Technical Service and will be calculated and billed for on an hourly basis. Additional hours will be invoiced separately at the end of each month during the Service Term.

By agreeing to the terms, you are giving Movaci engineers permission to locally or remotely connect to your PCs and Servers to investigate and perform any agreed work.
Any personal or private information stored on your computer which is seen by a Movaci technician or engineer will be treated as confidential. The customer shall be responsible for backing all data to external media such as DVDs or an external hard drive prior to the remote support session. Movaci is not responsible for the loss of data. Questions regarding this agreement should be emailed to [email protected] or directed to your account representative. Movaci will endeavor to perform the work in a timely and professional manner.

ACCEPTANCE

By signing or clicking ‘Accept’ you are accepting this agreement and our disclaimer, you acknowledge that you have read and understood the terms outlined herein, and that you authorize Movaci engineers to access and support your systems.