Terms of Service
Effective Date: 1 June 2024
These Terms and Conditions (“T&Cs”) govern the relationship between Vault Mark Digital Marketing Agency (“Agency”) and the client (“Client”). By engaging with our services, you agree to comply with the following terms.
1. Definitions
- “Agency” refers to Vault Mark Digital Marketing Agency, responsible for delivering the agreed services.
- “Client” denotes the entity receiving the services.
- “Deliverables” signify the outcomes produced as part of the services.
- “Ad sets” refer to individual advertisements within a campaign that target different audiences or test various approaches using text, images, or videos.
- “Media Fee” refers to the amount paid to platforms like LinkedIn for displaying promotional content. It covers the cost of securing ad space and impressions.
- “Fees” represent the Agency’s charges for the services.
- “Order” refers to the invoice, media schedule, or statement of work related to these T&Cs.
- “Services” encompass the professional services provided by the Agency to the Client.
2. Agreement
These T&Cs, along with the details specified in the Order, form a legally binding agreement (“Agreement”) between the Agency and the Client. In case of conflict between these T&Cs and the Order, the Order will take precedence unless specified otherwise.
3. Provision of Services
- The Agency is responsible for delivering the services as outlined in the Order.
- Services will be delivered with reasonable skill, care, and expertise, adhering to industry standards.
- The Client can request amendments or cancellations, subject to the following terms:
- Termination more than 15 days prior to the start: Client pays 25% of the total fee.
- Termination between 7-15 days: Client pays 50% of the total fee.
- Termination within 7 days but more than 24 hours: Client pays 75% of the total fee.
- Termination within 24 hours: Client pays 100% of the total fee.
- Both parties are responsible for ensuring the deliverables comply with applicable laws and regulations.
4. Payment Terms
- Fees: The Client agrees to pay the Fees as outlined in the Order.
- Payment Schedule: The Client will be invoiced as per the agreed schedule in the Order. Invoices must be paid within 14 to 30 days, as specified in the Order.
- Late Payment: A daily interest of 0.75% will be applied for late payments, starting after the payment due date. A 5-day grace period is allowed before late fees are applied.
- Suspension of Services: Services may be suspended if payment is overdue by more than 45 days.
- Taxes and Fees: The Client is responsible for paying applicable taxes, including VAT, service tax, and advertising taxes, unless the delay is due to Agency negligence.
5. Intellectual Property
- The Client will own the intellectual property rights to the deliverables, subject to full payment of fees.
- The Agency retains rights to materials not created specifically for the Client but grants a non-exclusive license for use.
- Any materials licensed from third parties will be communicated, and the Client will be responsible for any associated costs.
6. Term and Termination
- The Agreement begins on the date specified in the Order and lasts for an initial period of one year, with automatic renewals unless otherwise terminated with 30 days’ notice.
- Either party may terminate the Agreement for breach if the other party fails to remedy the breach within 30 days of notification.
- Upon termination, the Client must pay for all services rendered, and any prepaid fees will be refunded within 30 days.
7. Warranties and Indemnities
- The Agency guarantees that the deliverables will not infringe third-party rights and that all services will be provided by qualified personnel.
- The Client guarantees that all information provided to the Agency is accurate and complete.
- Both parties agree to indemnify each other from third-party claims resulting from breaches of these T&Cs.
8. Liability
- Neither party is liable for special, indirect, or consequential losses, including lost profits or revenue.
- The Agency’s liability will not exceed the total fees paid under this Agreement.
9. Data Protection
Both parties agree to comply with relevant data protection laws. The Agency will act as a data intermediary and ensure the secure handling of personal data.
10. Force Majeure
Neither party is liable for delays or failures caused by circumstances beyond their control, including labor disputes, natural disasters, or acts of war.
11. General
- This Agreement constitutes the entire understanding between the parties. Any modifications must be made in writing.
- The Agreement is governed by the laws of Thailand, and disputes will be settled in the appropriate Thai courts.
Contact Us
For any questions or concerns regarding this policy, please contact us at:
Vault Mark Digital Marketing Agency
Email: info@vaultmark.com
Phone: 02-0966489
Address: 20th Floor 725 S-Metro Building, Khlong Tan Nuea, Watthana, Bangkok 10110