TERMS OF SERVICE (TOS) 

Effective Date: November 1st, 2024

Last Revised: October 22nd, 2024 

 

1. Introduction 

This Terms of Service (TOS) Agreement governs your use of Movaci’s services. By registering and using Movaci's services, you agree to be bound by this TOS, Movaci’s Acceptable Use Policy (AUP), and other applicable agreements, which are incorporated herein by reference. These terms apply globally to all customers using Movaci’s services, including Secure Hosting, Cloud Services, and Managed Services. Movaci is a Thailand-registered company and provides services globally, subject to local and international laws. 

By accepting these terms, you acknowledge that you have read this Agreement and the AUP and agree to be bound by their terms. 

Movaci reserves the right to modify this Agreement at any time, with changes taking effect upon posting on Movaci's website. Your continued use of the services after such posting constitutes your acceptance of the updated terms. Unless otherwise defined in a currently valid agreement with Movaci, the Terms of Service are as follows: 

2. Definitions 

• Services: All offerings provided by Movaci, including Secure Hosting, Cloud, and Managed Services.
• Subscriber: Any individual or entity using Movaci's services, as specified in the Service Order.
• Term: The duration for which services are provided as outlined in the Service Order.
• Renewal Term: The automatic extension of the service period at the end of each Term unless otherwise notified.

3. Term and Payment for Services 

• Term: Services will be provided for the initial Term outlined in the Service Order. This Agreement will automatically renew for subsequent Terms unless written notice of termination is provided 30 days before the end of the current Term.
• Termination: You or Movaci may terminate this Agreement by providing a minimum of 30 days’ written notice. Nonpayment or violation of the AUP may result in immediate termination.
• Payment Terms: Payment for services is due in advance of each Term. If you fail to pay, Movaci reserves the right to suspend or terminate services. Late fees and processing fees apply as outlined below.

4. Charges and Billing 

• Service Fees: You are responsible for paying all charges for the services you use. Pricing is specified in the Service Order and is subject to applicable local taxes, including VAT in Thailand.
• Bandwidth and Storage Overage: If your bandwidth or storage usage exceeds the allotment specified in the Service Order, you will be charged at a rate of $6.00 USD per GB for bandwidth and additional fees for storage.
• Late Fees: Payments not made by the due date are subject to a late fee of 1.5% of the outstanding overdue amount per monthuntil paid in full. Suspended accounts are subject to a $25.00 USD reinstatement fee.

• Collection Fees: If your account is turned over to a collection agency, you agree to pay an additional fee of $50.00 to $150.00 USD to cover collection efforts.

5. Refunds and Disputes 

• Nonrefundable Payments: All payments made to Movaci are nonrefundable, including setup fees and prepayments. Overcharges or billing disputes must be reported within 60 days. Disputing valid charges may result in an Investigation Fee of $120.00 USD.

6. Use of Services 

• Acceptable Use Policy (AUP): Your use of the services is subject to Movaci’s AUP, which outlines prohibited activities such as spamming, illegal content hosting, and hacking. Movaci reserves the right to suspend or terminate services for violations of the AUP without notice.
• Security Obligations: You are solely responsible for securing your accounts and servers. Any security breaches caused by your system or misuse will result in immediate suspension of services, and you are responsible for all related charges.

7. System and Network Security 

Violations of system or network security are strictly prohibited and may result in civil or criminal liability. Movaci will cooperate with law enforcement authorities in investigating such violations. Examples include: 

• Unauthorized access to data or accounts.
• Probing or scanning network vulnerabilities.
• Launching denial-of-service (DoS) attacks.

8. Service Suspension and Termination 

Movaci reserves the right to suspend or terminate your services without prior notice if your system is involved in illegal activities, security breaches, or any violations of the AUP. If corrective action is necessary, Movaci will not refund any prepayments, nor will it waive outstanding fees. 

9. Disclosure to Law Enforcement 

Movaci may disclose customer information, including assigned IP addresses and account history, to law enforcement agencies without further consent if required by law or if illegal activity is suspected. 

10. Intellectual Property Rights 

You warrant that all content and services you provide through Movaci’s platform comply with intellectual property laws. Movaci respects the intellectual property rights of others and will take action to remove infringing material or terminate accounts involved in repeated copyright violations. 

11. Third-Party Products 

Movaci may provide access to third-party products or services. These are provided "as is" without warranty from Movaci or the third-party vendor. You assume full responsibility for the use of third-party services and any violations of their end-user agreements. 

12. Support Services 

Movaci provides 24/7/365 technical support, but only within the boundaries of our responsibility, which includes: 

• Support related to servers and hosting accounts.
• No support for third-party applications or specific coding issues.

13. Compliance with Thai Laws 

As a Thailand-registered business, Movaci adheres to all applicable Thai laws, including but not limited to: 

• Thailand Computer Crimes Act B.E. 2550: Governing computer-related offenses.
• Personal Data Protection Act (PDPA): Protecting personal data within Thailand.

Movaci also complies with international regulations, including GDPR and CCPA, for global services. 

14. Limitation of Liability 

Movaci is not liable for any loss or damage arising from the use or inability to use the services, including but not limited to: 

• Service Interruptions: Movaci is not responsible for temporary outages or delays caused by network failures or acts of God.
• Unauthorized Access: Movaci assumes no responsibility for unauthorized access to your data or systems.
• Damages Cap: In no event will Movaci’s liability exceed the amount paid by you for services in the three months preceding the claim.

15. Indemnification 

You agree to indemnify and hold harmless Movaci, its officers, directors, employees, and affiliates from any claims, liabilities, or expenses (including legal fees) arising from your use of the services, including any breach of this Agreement or the AUP. 

16. Governing Law and Dispute Resolution 

This Agreement is governed by the laws of Thailand. Any disputes will be resolved in the appropriate courts in Thailand, and both parties consent to personal jurisdiction and venue in Thailand. 

17. Miscellaneous Provisions 

• Assignment: You may not assign your rights or delegate your duties under this Agreement without prior written consent from Movaci.
• Notices: All official communications must be in writing and sent via email to [email protected] or another officially designated email address.

• Entire Agreement: This Agreement, including the AUP and any Service Orders, constitutes the entire agreement between you and Movaci, superseding all prior discussions and understandings.

18. Survival 

The provisions relating to payment, intellectual property, limitation of liability, and indemnification will survive the termination of this Agreement.