Express Data Term & Conditions

Please read the Terms and Conditions contained in this document carefully since any use of this website and/or application constitutes your acceptance of the Terms and Conditions set out herein.

Leased Line

1."Service Provider" means Express Data Company Limited.

2."Service User" means the Internet User who uses the Internet Service and shall be approved by Express Data Company Limited.

3."Service" means Internet services of categories set forth in Clause 2 of the Agreement of Provision of Internet Service.

4. Not less 15 days prior to the expiration of the Service, Service Provider shall notify the Service User of the expiration of the Service. In the event of the Service User wishes to continue to use the Service, this Internet Service Contract and Terms & Conditions shall be automatically renewed at the end of such term for subsequent terms equal to the initial term's duration.

5. The Service Provider shall have the right at its sole discretion, cease or suspend or disconnect the Service User's to access using the Service promptly, in the event of (i) force majeure circumstances against the Service User, (ii) the death or the termination of juristic person of the Service user, (iii) the faked or fraudulent document has been used by the Service user in applying the Service, (iv) the Service User has been used the Service illegally or violated the laws or breached this Terms and Conditions, (v) the default in payment of the service fee and /or any fees in two consecutive payments by the Service User, (vi) the Service User took advantage to get the benefit of the Service with intentionally unpaid service fee and/or other fees, (vii) the necessity of the Service Provider for any maintenance and/or modify and/or repair the systems of the Service from time to time.

6. The Service User acknowledges that the Service Provider shall have the right to terminate or cancel the Service at its sole discretion at any time in the manner hereinafter described; (i) the death or the termination of juristic person of the Service user, (ii) the default in payment of the service fee and /or any other fees in two consecutive payments by the Service User, upon the default, the Service Provider shall notify the Service User by the invoice and the written notice in advance of the entire unpaid of the service fee and/or any other fees(if any), and the due date of such default payment, (iii) any reasonable belief of fraudulent activity of the Service User by using the Service to making fraudulent services, or illegal use by using the Service to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local or international law or any rules or regulations promulgated hereunder or violates any provision of this Terms and Conditions, (iv) the Service Provider is unable to provide the Service with any reason of the occurrence of any unpredictable or uncontrollable circumstances, (v) the Service has been terminated by the provision of laws.

7. If the Service User was used the Service until the expiry date of the Internet Service Agreement, the Service Provider shall waive the right to collect the entry fee 30%(thirty percent) of the total contract value.

8. In the event of the Service User is paid the service fee by check and that check clearing is denied by the bank, the Service User shall be deemed to default on the Service fee payment on that such denied date. The Service Provider shall notify the Service User of such denial, and the Service user shall have a duty to pay such default payment to the Service Provider promptly. In the event of the Service User is in default of the payment of the service fee and /or any fees in two consecutive payments, the Service Provider shall have the right to terminate or cancel the Service at its sole discretion on the provisions in Clause 5 and/or 6 of this Terms and conditions.

9. In the event of the Service User fails to pay any amount due under the Service fee, the Service User agrees to pay all charge of the service fee and any other fees (if any) including the interest at the highest interest rate permitted by law on such delinquent amounts from the due date until the date of payment.

10. Payment of Charges delivered to the Service User at the address given in the Agreement or the last address changed in writing shall be deemed to have been duly received. In the event of address relocation or change, the Service Provider shall be notified in writing within 15 (fifteen) days from the date of such relocation or change.

11. The Service Provider shall prepare and install the device to use for the Service User, during the Service term, the Service User shall undertake to maintain and taking care of the device in good condition and usability as a person of ordinary prudence shall do on his own property. In the event of damage, defect or loss of the device caused by the Service User action (except as due to normal wears and tears or the fault of the Service Provider and/or its officer), the Service User shall be held responsible for indemnifying the actual damage, but not exceeding the market price of such device. If the provision of the Service is terminated for any reason, the Service Provider shall be allowed to enter the Service User’s premises in order to hold, repossess and remove the equipment installed by the Service Provider, on a prior written notice of not less than 7 (seven) days to the Service User

12. The Service Provider shall not be responsible on any transmitted data through its internet system including but not limited to any damages or loss of data causing by device and/ or system of the Service User or any other any reasons of the occurrence of any unpredictable or uncontrollable circumstances of the Service Provider

13. The Service shall be used by the Service User for legal purposes which are not contrary to good moral and not in violation of the Terms and Conditions.

14. In the event of the Service User has specified any personal code or personal password in the use of the Service, such code or password hereunder shall be keep confidentially by the Service User.

15. The Service User agrees to use the Service in this Internet Service Contract on the purpose of normal commercial business or definitely use within its organization and shall not assign its right and/or duty to use the Service herein in whole or in part to any other individual or corporation without the Service provider prior written consent. In addition, the Service user agrees not to provide the Service herein as a Sub-Service Provider to the others.

Web Hosting

SERVICES AGREEMENT

This Services Agreement ("Agreement") is made as of the ______ day of ______________________, ______ ("Effective Date") and entered into by and between Express Data Co., Ltd., (Express Data, we, us, or our), and ______________________ a ____________________ (Customer, you, or your). This Agreement consists of this page, the Order Form, the Service Attachments (if any), and any addenda referenced by the Service Attachments, each of which is incorporated by this reference.

This Agreement is the complete understanding between the parties concerning its subject matter and replaces any prior oral or written communications between them. This document is dynamic - the most recent version of this document available on our website shall control the parties relationship. Except for prior obligations of confidentiality and/or nondisclosure, there are no conditions, understandings, agreements, representations, or warranties, express or implied, which are not specified in this Agreement. This Agreement can only be modified by a written document executed by the parties. With the exception of term commitments contained herein, in the event of any conflict between the terms of Service Attachments, and General Terms and Conditions, the terms of the preceding documents shall prevail in that order.

The parties will indicate their acceptance of this Agreement in one of the following manners:
(i) submitting order for services to Express Data and acknowledging receipt of the order by Express Data; or
(ii) signing below as indicated


Express Data Co., Ltd. Customer name:
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date of Signature Date of Signature
Customer Contact Information
Principal Contact: Telephone Number:
E-Mail Address: Facsimile Number:
Address:

General Terms and Conditions

INTRODUCTION

Express Data provides this Web Site located at www.expressdata.co.th (this "Site"), and the Web Hosting Service, Domain Name Registration, Search Engine Submission, Hotel Reservation System (HRS), Live Update, Do-it-Yourself, Web Development, Application, and other products and services offered on the Site (collectively, the "Service") subject to your compliance with this terms and conditions.

USE OF SERVICES

Customer may only use services provided by us for the purposed set out in this terms and conditions. Customer is responsible for the activities of your customers and third party users of services provided by us through you.

  • Domain Name Registration Service Express Data provides Domain Name Registration Service thru Network Solutions and other registrar partners authorized by ICANN (The Internet Corporation for Assigned Names and Numbers). All Domain Names Registrations are subject to the then current terms and conditions of the applicable policies for the registry operator for each TLDs or ccTLD. The domain registration fee and subsequent annual domain renewal fees are non-refundable.

    In case the domain has been registered by Customer through third party domain registrars, Customer is ultimately responsible for the renewal of his domain.

  • Search Engine Submission and Search Engine Optimization (SEO) Services Provision of the Value-Added Services to all hosting customers, Express Data accepts, and submits URLs for inclusion in web database of various search engines. Additionally, Express Data provides a "Paid Submission, SEO Service" for inclusion in web database of major search submission's network such as Google Adwords Cost-per-Click program. By enrolling for these services, Customer are contacting with Express Data and agrees to these followings:
    • Express Data shall not be responsible for URLs dropped or excluded by a search engine for any reason.
    • Express Data shall not be responsible for delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems. Express Data shall not be responsible for acts or causes beyond their control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
    • Express Data do not represent or warrant that Customers' URLs will achieve a favorable position, or any position, within a particular search engine.

  • Hotel Reservation System (HRS)
    Provision of theHotel Reservation System (HRS), Express Data will set up, train Customer in the use of, maintain, provide ongoing support and provide for non-exclusive use of the 'HRS' on the Internet. Customer is responsible for all data entry.
    • Express Data Co., Ltd. will provide one copy of HRS handbook.
    • For security reason, Hotel Admin Management (Back office) is password protected, one login and password will provide to Customer and must be keep in confidence.
    • All booking through HRS are made directly with Customer and are subject to confirmation by Customer. Cancellation, amendment and payment from third party are also directly process with Customer.
    • In using HRS, Customer may freely alter the number of rooms to be made available and also the room rates, on a day-by-day basis as required. Customer will remain responsible for the accuracy of the availability and rate data posted.

  • Live Update, Do-it-Yourself and Online Applications In using of Live Update, Do-it-Yourself and other Online Application to operate up-to-date information on your website, Customer agrees to these followings :
    • Customer will remain responsible for the accuracy of the information posted.
    • Express Data reserves the right at all times to monitor, review, retain and/or disclose any information as it deems necessary, in its sole discretion to satisfy any applicable law, regulation, legal process or government request or as consistent with its Privacy Policy.
    • Live Update, Do-it-Yourself and other Online Applications are non-exclusive, non- transferable, non-sub licensable, and revocable.

  • Web Hosting Services Express Data's services may be used for lawful purposes only. Customers may not use Express Data's services to directly facilitate the violation of any particular law or regulation.

    Express Data does not knowingly host sites containing Child Pornography, Child Erotica or Bestiality. Express Data does not distinguish between Child Pornography, and Child Erotica, and both are collectively referred to as Child Pornography. Customers are prohibited from using Express Data's services to disseminate or access Child Pornography and Bestiality. Express Data is required by law to report the use of its services to disseminate or display Child Pornography and Bestiality.

    In connection with your use of Express Data's Web Hosting service, you agree you will not engage in the following prohibited activities:
    • a) Transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
    • b) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
    • c) Post or transmit any Material that contains a virus, worm, trojan infections or corrupted data;
    • d) Post or transmit any unsolicited bulk mail "junk mail", "spam," "chain letters, and or any commercial messages.
    • e) Upload or transmit any Material that infringes or misappropriates the intellectual property rights of others, including patent, trademark, trade secret, software piracy, copyright or other proprietary rights of any party;
    • f) Accessing illegally or without authorization computers, accounts, or network belonging to another party, or attempting to penetrate security measures of another individual's system

  • Web Design Services Customers warranty that all materials, content and/or information supplied to Express Data to produce the webpage are authorized, and that they are the lawful owner, or have an appropriate license to use all materials provided to us, or which may be accessed or tramitted using the services.

    Express Data offering a free content update with miximum 2 hours per month on some service packages. This offer is not related by other means to change the site structure, swop link, graphic, add link and add menu bar. Express Data reserves the right to review customer's requirement case by case and the right to change the condition at any time seemed fit by the management.

PAYMENTS

Payments for services provided shall be paid in Thai Baht or US$ (based on the current exchange rate - buying US$ rate). Payments can be made by cash, bank transfer into Express Data Co., Ltd bank account, online via Express Data Secure Online Payment Form or by check designated to Express Data Co., Ltd.

Non payment will result in suspension of services. If payment has not been made after 3 days of the Term or Renewal date, Express Data reserve the right to disconnect services and additional services. A one-time re-activation fee of U$35- applied prior to re-connection services. Time line to re-activation service may take up to 48 hours.

  • Deposit
    Customer must pay a deposit of 30% of the full amount indicated on the agreement upon signing. Payment of deposit charges is a pre-requisite to our obligation to provide services to Customer.
  • Recurring Charges
    Unless otherwise set out on an individual Service Attachment, Customer agree to pay all charges by the due date indicated on the invoice ("Due Date"). Customer will pay Express data interest on payments made following the Due Date at the rate of 1.5% per month or the maximum rate allowable by law. Customer may be assessed a processing fee on late payments, at our sole discretion, if Express Data incur administrative and/or legal costs associated with your late payment. If customer do not pay all undisputed amounts by the Due Date, Express Data reserve the right to disconnect services and additional services, and refuse to continue to provide them to Customer. A set up fees will also apply for all re-connection services.
  • Refunds
    Each of service options carries a 30 day money back guarantee on monthly fees only. If customer is not completely satisfied with our services within the first 30 days of contract, customer will be given a full refund of the contract amount (monthly fee paid in advance) minus set.

    This policy does not apply to design, domain name registration, search engine submission, Live update, Do-it-Yourself, Online Application or any additional services such as additional disk space, additional pop account, etc

TERM AND TERMINATION

The initial term will begin on the Effective Date. The period between the Effective Date, and the date of Termination or Expiration, if any, is the "Term."

  • Renewal Term
    Unless otherwise specified in a Service Attachment, following the expiration of a service's respective term, the term will automatically renew for the length of the initial term ("Renewal Term") unless cancelled in writing by either party at least 30 days before the expiration of the Term or Renewal Term.
  • Termination
    Express Data reserve the right to terminate this Agreement for a violation of our terms and conditions. One party may also terminate this Agreement upon the occurrence of a material breach, which has not been cured by the other party within 30 days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.

    Express Data takes no responsibility for website data (content) after the date of account deletion. In-house backups are for security reason only. It is ultimately Customer responsibility to back up all data from the web account prior to the cancellation date.

    In case of cancellation or suspension for non payment for services provided by Express Data, Customer may loose all access to services provided. In the event of the termination of the agreement with Express Data, customer agree that the right to use of the software or service will also terminate and access code, password, information and other related with the use of the service and software will immediately suspend or terminate.
  • Domain Cancellation
    Domain names are registered for fixed periods that are subject to renewal. We will send several communications to customers to alert them that their domain name registration services will expire on a certain date. If a customer does not renew the domain name registration by the expiration date, the domain name registration is subject to deletion at any time after that. Consequently, every customer who desires to renew his or her domain name registration services should do so in advance of the expiration date to avoid any unintended domain name deletion.

    In the event a domain name is the subject of a Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding and expires or is deleted during the course of the dispute, the complaining customer has the option to renew or restore the domain name under the same commercial terms as the original customer. If the case ultimately is terminated or the arbitrator finds against the complaining customer, the name will be deleted within 45 days.
  • Domain Transfer Policy
    To transfer a domain name registration to another service provider from Express Data, the customer seeking to transfer the domain name registration must initiate the transfer request with the gaining registrar. The customer's current WHOIS Administrative Contact of record listed in current registrar's WHOIS account must approve the transfer by providing express authorization to the gaining registrar in a valid Standardized Form of Authorization.

    Domain name transfers to Express Data for .com, .net and .co.th extensions are initiated with a manual Domain Name Transfer Order Form, however only the Administrative Contact (as listed in the current registrar's WHOIS record) can authorize or approve the transfer request. Without the Administrative Contact's authorization, the domain name registration transfer request will be unsuccessful.

    The customer represent and warrant that: (a) the information provided to Express Data in connection with your application is accurate and complete; (b) you are the rightful holder of the registration for the domain name; (c) the registrar of record for the domain name as of the date of this request is the current registrar; (d) you are not in default on any obligations you may owe to the current registrar; (e) you are not party to any dispute resolution proceeding concerning your use or registration of the domain name.

    (f) You authorize us to take all actions necessary to become the service provider for the domain name, including transmitting to the appropriate Registry a request to change the Registry database to reflect the registrar's record. You acknowledge and agree that we shall not be responsible for any legal obligations you may owe to any third party, including the current registrar. You further acknowledge and agree that you are not entitled to a credit from us for any sums you may have paid the current registrar. You agree to release, indemnify, and hold us and our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorneys fees, of third parties arising under this Agreement.

PROPERTY RIGHTS

  • Hotel Reservation System (HRS) , Live Update, Do-it-Yourself and other Online Application on this site are trademarks and services marks of Express Data.

  • Express Data owns all rights, titles and interests in trade names, service marks, inventions, copyrights, trade secret, patents, and know-how relating to the design, function, or operation of Options and of the software systems and resources necessary to provide the individual service elements of Hotel Hotel Reservation System (HRS) , Live Update, Do-it-yourself and other Online Application on this site.

  • Express Data licenses the use of services for the time period the Customer has an active account with Express Data. Customer access and use of services does not imply ownership or a license to reproduce and/or distribute information contained within. All licensing right belong fully to Express Data.

  • Express Data reserves the right to change service descriptions and rates at any time seemed fit by the management. Notices containing information with regard to changes or upgrades may be sent by email, fax or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.

  • Customers warrant that their use of Express Data's services are authorized, and that they are the lawful owner, or licensee of Content, placed on, or accessed through those services.

SERVICES AND INFORMATION

  • Connection Speed
    Connection speed represents the maximum speed of a connection and does not represent guarantees of available end-to-end bandwidth.

  • IP Addresses
    Express Data owns IP numbers and addresses assigned to customers. Express Data may, in its sole discretion, change these numbers. These numbers may not be transferred to another provider.

  • E-mail/SPAM
    Express Data supports the use of E-mail for legitimate communications in a manner that is generally accepted. The use of E-mail for unsolicited bulk E-mails is not generally accepted. The use of Express Data's services to transmit this type of E-mail is specifically prohibited.

    Virus infections are the responsibility of the customer and must be rectified as soon as possible. Express Data reserves the right to disconnect an infected customer if damage to other servers or third parties cannot be avoided otherwise. Notification will be sent if a disconnection is necessary, but there may be no delay between notification and disconnection.

LIMITATION OF LIABILITY

You specifically agree that Express Data and their officers, directors, shareholders, licensors, related companies, employees, agents, subcontractors and attorneys (collectively, "Related Parties") shall not be liable for losses or liabilities arising in connection with your use of this Site or the Service. WITHOUT LIMITING THE FOREGOING TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESS DATA CO., LTD. AND ITS RELATED PARTIES SHALL NOT BE LIABLE TO YOU, YOUR EMPLOYEES, OFFICERS, SHAREHOLDERS, YOUR BUSINESS, RELATED COMPANIES OR INDIVIDUALS AND AGENTS, AS APPLICABLE, FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, THE TERMS OF USE OR THE SERVICE, OR INFORMATION CONTAINED WITHIN THIS SITE, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE ADVISED EXPRESS DATA OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.

WARRANTIES AND LIMITATION OF WARRANTIES

THE SERVICE AND THIS SITE, INCLUDING ANY SOFTWARE, CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, EXPRESS DATA CO., LTD. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXPRESS DATA CO., LTD. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.

Hardware Warranty

3Com
ประเภทสินค้า
รุ่น
การรับประกัน
รายละเอียด
แลนไร้สาย
(Wireless LAN)
PC Card
3 ปี
ฟรีค่าบริการและอะไหล่ 1 ปี ค่าบริการ 250 บาทต่อครั้งในปีถัดไป

Free service and sparepart for the first year .
Service Fee 250 Baht per time for the following year
PCI
3 ปี
USB
3 ปี
Workgroup Bridge 1 ปี ฟรีค่าบริการและอะไหล่

Free service and sparepart
Access Point 1 ปี
สายอากาศ (Antenna) 1 ปี
อุปกรณ์เสริม (Accessories) 1 ปี
Orinoco
ประเภทสินค้า
รุ่น
การรับประกัน
รายละเอียด
แลนไร้สาย
(Wireless LAN)
PC Card
3 ปี
ฟรีค่าบริการและอะไหล่ 1 ปี ค่าบริการ 800 บาทต่อครั้งในปีถัด
Free service and sparepart for the first year .
Service Fee 800 Baht per time for the following year
USB
3 ปี
Gateway 1 ปี ฟรีค่าบริการและอะไหล่

Free service and sparepart
Access Point 1 ปี
สายอากาศ (Antenna) 1 ปี
อุปกรณ์เสริม (Accessories) 1 ปี
ZyXEL
ประเภทสินค้า
รุ่น
การรับประกัน
รายละเอียด
Modem
ทุกรุ่น
2 ปี
ฟรีค่าบริการและอะไหล่ 1 ปี ค่าบริการ 800 บาทต่อครั้งในปีถัด
Free service and sparepart for the first year .
Service Fee 800 Baht per time for the following year
Terminal Adapter
ทุกรุ่น
2 ปี
Router
ทุกรุ่น
2 ปี
ฟรีค่าบริการและอะไหล่ 1 ปี ค่าบริการ 1,500 บาทต่อครั้งในปีถัด
Free service and sparepart for the first year .
Service fee 1,500 Baht per time for the following year
Firewall
ทุกรุ่น
2 ปี