Terms of Service

Effective Date: May 1, 2026 Last Revised: May 1, 2026

These Terms of Service (“Terms”) govern the provision and use of services provided by Movaci Co., Ltd. (“Movaci”). By ordering, accessing, using, or continuing to use Movaci services, the customer agrees to be bound by these Terms, together with any applicable order forms, quotations, proposals, service schedules, statements of work, acceptable use policies, service level agreements, data processing agreements, and other written documents that form part of the parties’ relationship.

Movaci provides services including, but not limited to, managed IT services, cybersecurity services, cloud and hosting services, internet and network services, communication and collaboration services, backup and disaster recovery services, training services, consulting services, system integration services, and related support or advisory services.

The exact scope, deliverables, timelines, service levels, responsibilities, exclusions, assumptions, pricing, and any project-specific requirements are defined in the applicable agreement, statement of work, proposal, quotation, or order form. If there is a conflict between these Terms and a signed service agreement or statement of work, the signed agreement or statement of work controls to the extent of the conflict.

Services are provided for the term specified in the applicable agreement, quotation, order form, or statement of work. Unless otherwise stated in writing, recurring services may renew automatically for successive renewal terms on the same or substantially similar commercial terms.

Either party may elect not to renew by providing written notice within the notice period specified in the applicable agreement. If no notice period is specified, a minimum of thirty (30) days’ prior written notice will apply for recurring monthly services, unless a longer contractual minimum term applies.

Project-based or one-time services terminate when the defined deliverables are complete, unless ongoing support, managed service, or subscription components continue under a separate term.

Customer requests that materially change scope, complexity, timeline, service consumption, risk, third-party dependency, or required effort may require a change order, revised quotation, or additional statement of work. Movaci is not required to perform out-of-scope work without written agreement on revised scope, fees, and timing.

The customer agrees to pay all fees, charges, taxes, expenses, and other amounts due in accordance with the applicable agreement, order, quotation, or invoice.

Any amount not paid when due may accrue interest at the lesser of (a) one and one-half percent (1.5%) per month, or (b) the maximum lawful rate permitted under applicable law, calculated from the due date until paid in full.

Movaci may charge reasonable administrative fees associated with collections, failed payments, chargebacks, payment reversals, banking costs, currency losses, or other payment processing issues. The customer is responsible for collection costs, legal costs, and reasonable attorneys’ fees incurred by Movaci in recovering overdue amounts where permitted by law.

If any undisputed amount remains unpaid beyond the due date, Movaci may, upon notice where commercially reasonable, suspend some or all services, withhold support, delay project work, withhold renewals, disable access, revoke licenses under Movaci control, or otherwise restrict service delivery until the account is brought current.

Where the overdue amount creates material credit risk, impacts third-party obligations, or affects services that require advance payment to upstream providers, Movaci may suspend affected services more quickly and, where necessary, without further notice.

Reinstatement of suspended services may require payment in full of all overdue amounts, accrued interest, administrative charges, and any applicable reconnection, reinstatement, re-provisioning, emergency support, or third-party restoration fees.

Movaci may require prepayment, deposits, payment security, shortened payment terms, or advance funding for new customers, high-risk accounts, project work, hardware orders, licensing, internet circuits, cloud commitments, or accounts with a history of late payment.

All fees are exclusive of value-added tax (VAT), withholding tax, duties, levies, and similar charges unless explicitly stated otherwise. The customer is responsible for all applicable taxes and governmental charges arising from the services, excluding taxes based on Movaci’s net income.

If withholding tax applies, the customer shall provide valid withholding documentation and gross up payments where contractually required so that Movaci receives the full agreed amount.

Except as expressly stated in a signed agreement, all fees paid or payable are non-cancellable and non-refundable, including setup fees, implementation fees, professional services, license procurement, project mobilization, reserved capacity, and third-party commitments already incurred by Movaci.

The customer must comply with Movaci’s Acceptable Use Policy (“AUP”). Movaci may suspend or terminate services for any AUP violation, suspected abuse, legal risk, security risk, or upstream compliance issue.

Unless expressly stated otherwise in writing, Movaci’s services operate under a shared responsibility model.

Movaci may use, manage, recommend, resell, integrate with, or depend upon third-party services, including but not limited to cloud providers, registrars, internet carriers, software vendors, hardware vendors, security vendors, telecommunications providers, and SaaS platforms.

Movaci is not liable for failures, outages, data loss, security incidents, policy changes, service changes, licensing changes, pricing changes, or deprecations originating from third-party services or upstream providers. Third-party warranties, uptime commitments, and support obligations are limited to those offered by the third-party provider.

Where a third-party provider requires urgent action, migration, remediation, suspension, or reconfiguration, the customer agrees to cooperate and, where applicable, bear resulting costs.

Security services, monitoring, and incident response services are provided on a commercially reasonable or best-effort basis unless stricter obligations are expressly agreed in writing.

Movaci does not guarantee that all threats, attacks, compromises, vulnerabilities, or incidents will be prevented, detected, contained, or remediated. The customer acknowledges that cybersecurity risk cannot be completely eliminated and that sophisticated or unknown threats, misconfigurations, credential misuse, insider actions, and third-party failures may still result in incidents.

Where incident response services are provided, response times, escalation procedures, scope boundaries, and service windows are governed by the applicable agreement, not by implication.

Where Movaci processes personal data in connection with the services, each party shall comply with applicable data protection law to the extent it applies to that party’s role and activities. In Thailand, this includes the Personal Data Protection Act B.E. 2562 (2019) (“PDPA”), administered by the PDPC.

Unless otherwise agreed in writing, the customer remains responsible for determining lawful basis for processing, providing notices, handling data subject requests, managing retention, and ensuring the lawfulness of the customer’s instructions, content, and processing purposes. Where needed, the parties may enter into a separate data processing agreement.

If the services involve electronic transactions or digital records, the parties acknowledge that Thailand maintains statutory rules relevant to electronic transactions.

Any uptime targets, support windows, response commitments, restoration targets, maintenance windows, or service credits apply only if expressly set out in a signed service level agreement (“SLA”) or service schedule. Absent such a written commitment, services are provided on a commercially reasonable basis.

Routine maintenance, emergency maintenance, upstream outages, force majeure events, customer-caused incidents, customer-requested changes, third-party failures, security events, and events outside Movaci’s reasonable control may affect service availability and are excluded from implied uptime commitments.

Movaci may suspend, restrict, or terminate services immediately or on notice if:

Termination does not relieve the customer of payment obligations incurred before termination. Movaci may delete, disable, archive, or cease maintaining data after termination in accordance with the applicable agreement, service scope, retention obligations, and operational necessity.

Each party retains ownership of its pre-existing intellectual property. Unless expressly agreed otherwise, Movaci retains ownership of its tools, methods, templates, automation, documentation frameworks, playbooks, know-how, and any general improvements developed during service delivery.

Upon payment in full, the customer receives the rights expressly granted in the applicable agreement for customer-specific deliverables prepared for the customer, subject to Movaci’s retained rights in underlying tools and methodologies.

Each party agrees to protect confidential information received from the other party using reasonable care and not to use or disclose such information except as needed to perform the agreement, comply with law, or protect legitimate rights. Confidentiality obligations do not apply to information that is public through no fault of the receiving party, lawfully received from another source, independently developed, or required to be disclosed by law.

Except as expressly stated in a signed agreement, services are provided “as is,” “as available,” and without warranties of any kind, whether express, implied, statutory, or otherwise. Movaci disclaims, to the maximum extent permitted by law, all implied warranties including merchantability, fitness for a particular purpose, non-infringement, and any warranty that services will be uninterrupted, error-free, fully secure, or fully compatible with every customer environment.

To the maximum extent permitted by law, Movaci shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of revenue, profit, goodwill, data, anticipated savings, or business opportunity, even if advised of the possibility of such damages.

To the maximum extent permitted by law, Movaci’s total aggregate liability arising out of or related to the services, whether in contract, tort, statute, negligence, strict liability, or otherwise, shall not exceed the total amount actually paid by the customer to Movaci for the affected services during the twelve (12) months immediately preceding the event giving rise to the claim.

The foregoing limitations allocate risk between the parties and are a fundamental basis of the commercial bargain.

The customer agrees to indemnify, defend, and hold harmless Movaci, its directors, officers, employees, contractors, and affiliates from and against claims, losses, liabilities, damages, costs, and expenses arising from or related to:

Movaci is not liable for delay, failure, or interruption caused by events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, acts of government, regulatory action, internet backbone failures, carrier failures, utility failures, cyberattacks, widespread malware events, cloud provider outages, supply chain disruptions, and similar events.

These Terms are governed by the laws of Thailand unless another governing law is expressly stated in a signed agreement. The parties agree that disputes may be brought in a court of competent jurisdiction in Thailand unless another dispute-resolution mechanism is expressly agreed in writing.

Thailand maintains legal frameworks relevant to personal data protection, electronic transactions, and technology-related offenses, including the PDPA and electronic transaction legislation.

Movaci may update these Terms from time to time. Updated Terms become effective when published or otherwise communicated, unless a later effective date is stated. Continued use of the services after the effective date constitutes acceptance of the updated Terms.

These Terms, together with any incorporated documents and written service-specific agreements, constitute the parties’ agreement regarding the services. If any provision is found unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.