Terms and Conditions

General terms and conditions

The contract between DESCORP and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.

Email will be the method of contact with regard to all communication. Although DESCORP can be contacted by telephone, we will use email as our method of communication and therefore it is the client’s responsibility to inform us of any change in email address, so we always have up to date email contact information. DESCORP cannot be held liable in any way relating to communication issues if we are not supplied a valid email address.

DESCORP will only commence work on a Project after receipt of a non-refundable, 50% deposit of the quoted total project fee from the client. DESCORP will also require 25% payment on approval of the overall design concept. The final 25% payment is to be made on completion of the website. The website will be uploaded to the clients web address once the remaining balance is paid in full.

The deposit paid to DESCORP covers the cost of design work carried out as well as any admin work and communication with DESCORP. The deposit is non-refundable.

DESCORP shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.

Where images used on the website have been purchased by DESCORP on behalf of the client, these images are strictly for use on the website only. DESCORP are not liable for misuse of these images by the client or any other copying, altering or distributing the images to individuals or other organisations.

Should any legal issues or claims arise from the content or copyright of any images supplied by the client or DESCORP, they will be the sole responsibility of the client.

DESCORP will host the website if the client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, DESCORP will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.

DESCORP cannot be held responsible for anything adversely affecting the client’s business operation, sales, or profitability that might be claimed is a result of a service offered by DESCORP.

Where asked to provide search engine optimisation for a client, DESCORP do not guarantee any specific placement or high ranking on search engines.

DESCORP cannot guarantee to meet any given deadline for any design work carried out by our designers, and are not bound in any way to complete the Project by this date.

DESCORP own all design and code of the website until final payment has been received in full. Once final payment is received, the client will then own the design and code of the website.

Domain names will be registered by DESCORP and also registered to the DESCORP current address. Although the domain names are registered to DESCORP, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, DESCORP will do this within a reasonable timeframe.

It is the responsibility of the client to renew their domain names when due. If a domain name expires, DESCORP cannot be held liable for this. However, DESCORP will make reasonable effort to contact the client regarding domain renewal.

Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the client. The Hosting will not be renewed if DESCORP cannot contact the client or the client requests for DESCORP to not host this site.

The Hosting renewal charge must be received within 10 days of the Hosting expiry date. DESCORP reserve the right to deactivate any website where the Hosting has expired and the client has not paid the renewal charge. There will be an admin fee set by DESCORP for reactivating the website/Hosting.

If the client does not use DESCORP Hosting services, then the management and Hosting of the Domain name are the full responsibility of the client.

Should a client wish to move Hosting away from DESCORP or transfer a Domain name away from DESCORP, a 1000 Baht charge will be issued, which must be paid before the transfer takes place.

DESCORP has no control of, or responsibility for, the content of clients’ websites. In no way does the textual or image based Content of our client’s web sites constitute DESCORP endorsement, or approval of the website or the material contained within the website. DESCORP has not verified any of the materials, images or information contained within our client’s web sites and is not responsible for the content or performance of these sites or for the client’s transactions with them. DESCORP provides links or references to our client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times.

DESCORP are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a client’s website. The client is solely responsible for any information or files relating to its website.

If a Domain name is purchased by the client through a company other than DESCORP, the client has full responsibility in making sure that the domain name is renewed when due. DESCORP will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than DESCORP.

Server use

DESCORP reserves the right to refuse service and/or access to its servers and/or services to anyone.

DESCORP does not allow any of the following content to be stored on its servers:

Adult material – includes all pornography, erotic images, or otherwise lewd or obscene content.
Excessive download content or non-linked content.

Refusal of service based on content matching either of these two criteria is entirely at the discretion of DESCORP.

Payment policies

All accounts are set up on a prepay basis. Although DESCORP reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due within 3 days after invoice has been sent, from the date the account was established.

In addition, DESCORP reserves the right to suspend other services until the outstanding debt is cleared. Any non-payment of a recurring invoice may be subject to an administration charge. The customer is responsible for all money owed on the account from the time it was established.

All invoices will be sent directly to customers via email, fax or by regular mail.

To start a website design project, a non-refundable deposit of 50% is required before DESCORP start the website design.

To book a domain name then the full domain name fee is required before DESCORP can register the domain on your behalf.

To set up a hosting account, 12 months payment must be paid in advance to DESCORP

Payment options

In order to streamline our accounting procedures and keep costs down DESCORP currently runs a limited number of payment options.

Cash: This payment option will enable DESCORP to set up your account straight away and is our preferred method of payment.

Cheque Payment: This option is only available to business customers who pay annually for their DESCORP account. DESCORP cannot guarantee that a service will be provided until after any received cheques have been cleared.

Cancellation and refunds

DESCORP reserves the right to cancel the service at any time. If a customer contravenes DESCORP’ terms of service a refund will not be issued in the event of a cancellation.

Customers may cancel their account at any time by giving written notice to DESCORP but will not be entitled to a refund for any additional services purchased. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

Fees charged on a prepay basis are non-refundable.

DESCORP reserves the right to move your data to a different server with no previous notice.

Meetings & Locations

The most successful clients we have are the clients who know and understand that to have an online business they need to know how to communicate online with their clients. We urge you to do the same as it really will help you learn how to better service your customers through your website and it is very common to work this way with all the technology at our disposal.

We understand that sometimes some people require a meeting face to face as we are old fashioned too, but we work so very hard and meetings, getting stuck in traffic seriously slows us down.

We charge some of the best rates for web services in Thailand and are able to do so because we work incredibly hard every day while sat at our PC’s and we use our time wisely by not wasting it. If we are required to drive to a location, sit in Bangkok or Pattaya traffic or have a face to face meeting then this takes us away from our job of building websites and wastes a lot of time and time is money. We would rather use our time to build you something special and to help make your business a success

If you require a meeting in Bangkok then we can meet once to discuss your needs as long as you are a genuine customer who pays a 50% advanced deposit for a website design or web application in advance prior to meeting.

If you require a meeting in Pattaya then we can meet once to discuss your needs as long as you are a genuine customer who pays a 50% advanced deposit for a website design or web application in advance prior to meeting.

There are zero charges for email, phone, line support. The charges for meetings are as follows.

PLEASE NOTE: WE NEED ALL INFORMATION ABOUT YOUR PROJECT IN WRITTEN FORMAT SUCH AS REGULAR EMAIL, PDF, EXCEL OR WORD FILES.

Online Conference Calls: Free
Line Chat/Call: Free
WhatsApp Chat/Call: Free
Bangkok: 1st Meeting = Free
Bangkok: Next Meeting = 3000 Baht per meeting
Pattaya: 1st Meeting = Free
Pattaya: Next Meeting = 3000 Baht per meeting
Other Locations: Price on Request

We strongly suggest you try to communicate online as this will save time and money and is free.

Website Maintenance/site updates/fees/time

All website updates/changes that fall in the category of customer support such as errors, mistakes or general customer support queries and questions will not be charged for and are and always will be free of charge.

All customers who require any changes to their website are required to pay for any maintenance work. The costs are 500 Baht per hour.

The minimum charge per update is 500 Baht. For example, should you require one text change, then the minimum fee charged will be 500 Baht. So we recommend you make a list of any changes needed to be made and group them together. If we have to open the same website page and correct any mistakes in website text, then there will be an additional minimum charge of 1 hourly rate.

All customers are required to pay a minimum of 5 hours update time in advance before any work can be carried out. The cost would therefore be: 5 x 500 Baht = 2500 Baht. As and when changes are made, the hourly rate will be deducted accordingly, and you will be notified if your balance is both insufficient for the work required or if your balance has been used up.

All non-urgent website updates are carried out once per week on Wednesday.

Support

We will endeavour to provide a continuous high quality service. If you experience problems with your service, you should consult our support website.

Please note we may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services.

DESCORP reserve the right to suspend access to all facilities of your account if a customer’s use is deemed to be affecting the platform. Access will be reinstated pending investigation and appropriate fixes to any conflicts.

Unlimited Use Policy

High bandwidth usage: DESCORP offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, DESCORP may find a customer to be using server resources to such an extent that he or she may jeopardize service performance and resources for other customers. In such instances, at at DESCORP’ discretion, DESCORP reserves the right to impose the High Resource User Policy for the consideration of all customers.

High Resource User Policy

Resources are defined as bandwidth, processor utilization or disk space.

DESCORP may implement the following policy to its sole discretion:

When the resources utilised by a customer in using a service are abnormally high, DESCORP reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby DESCORP continues supplying the service under a reduced usage criteria specified by DESCORP. Failure to comply with such measures may result in your service being terminated.

Domain Names

DESCORP can register your domain name for you for a minimum of 1 year. It is your responsibility to make sure you renew your domains before they expire to avoid them being lost.

Your personal details

Please note that whilst your email is primarily used for billing and support purposes, DESCORP reserves the right to email you information about enhancements to our systems and product offerings so you are aware and up to date of any changes.

We will not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that DESCORP may use for the purposes of delivering specific services to you (e.g. customer support).

Indemnification

Customer agrees that it shall defend, indemnify, save and hold DESCORP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against DESCORP, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless DESCORP against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DESCORP’ server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from DESCORP’ server.

Forms, E-mail and Submission

By submitting any form on DESCORP or sending emails to DESCORP staff, the customer agrees that it shall not provide fake or incorrect details or send spam which may result in prosecution and is aware that we will log your IP address.

Disclaimer

DESCORP will not be responsible for any damages your business may suffer. DESCORP makes no warranties of any kind, expressed or implied for services we provide. DESCORP does not back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, DESCORP cannot guarantee to be able to replace lost data. DESCORP disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by DESCORP and its employees. DESCORP reserves the right to revise its policies at any time.

Please note: by signing up for any of our services you agree to be bound by all DESCORP terms and conditions.