General Term And Conditions

1. In this Application Service, unless stated otherwise, the following words shall have the meaning specified herein.
“The Company” means CS Loxinfo Public Company Limited.
“The User” means any person applies for the using of the services provided by the Company and/or other provider procured by the company for the purpose of one stop service.
“The services” means “The technical service” and/or “The managed service” and/or other service provided by the company and/or other provider procured by the company for the purpose of one stop service which may include all or some of the services subject to the terms and conditions as agreed upon each quotation and/or specified in the first page of this application.
“The technical service” means the internet services and or the connection service of data network and or computer system of the users with the internet network or other network or any other form of networking which is not the internet service as provided by the company and as agreed upon with the customers according to each quotation and/or specified in the first page of this application.
“The managed service” means the management of technical and engineering service, the advisory of design, implementation of equipment, software, network and necessary system. The monitoring and managing the service and incident of services according to the user’s requirement including the service provided by the company and/or the service procured by the company for the purpose of one stop service, the scope of service specifically covered according to the terms and condition in each quotation and/or specified in the first page of this application.
“Service Fee” means the service fee according to the quotation and/or fees for other services in connection with the use of internet service or other service and managed service under this Application.
“Due Date of Payment” means the last day of the service period for one every month, regardless of whether or not the period of service for the first and /or the last month of service is less than full calendar month and in such case the service charges shall be calculated prorate.
2. The Company agrees to provide the Service to the User specifically for the purpose of transmitting business information and data, education, research and
development and information of the User, its organizations, or sub-divisions in accordance with the government’s notification or “Affiliated companies”, which mean the company that over fifty percent of the share capital is owned by the User. The User shall not use Internet and Managed Service for other purposes than those specified in this Application. The company reserves the right to prohibit or suspend Internet and Managed Service that the User uses for the other purposes not specified in this application.
3. The User agrees to pay the Service Fee to the Company within a period specified in the invoice or as has been agreed. The service fee, initial access fee and
installation fee (If any) is non-refundable unless specified in this Application.
4. In case the User fails to make any payment in time, the User is required to pay interest rate of 15 (fifteen) percent per year which shall be charged from the overdue
amount. In case the User fails to make payment of services fee and/or other service charges for 2 consecutive periods and the company has already notified the User,the Company shall be entitled to suspend and/or terminate the service immediately.
5. Service start date, the end of the service and the minimum period of service are as specified in the Application for Service Contact. The Under this application, after the
contract expired date is due, the service will be automatically extended from such date for every one year, unless the User or the Company submit a notice in writing at least 30 (thirty) days prior to the expiration date to one another.
6. The User shall use reasonable care in the supervision and utilization of the Internet Access Services and shall not use such Service in the way that will violate the
other’s rights, regardless of whether such other person has installed a security system for their database or not and the User shall not made available the data or picture of other person to the public without his/her permission. If any act of the User causes the losses or damages to the third party, the User shall be solely responsible for such losses and damages.
7. The User shall not transmit-receive any statements, data, picture or codes which are contrary to the laws, or the resolutions of the Council of Ministers, or policies,
rules, regulations, orders or notifications of the Supervise authority Official circulars, or public order, good moral and the peace, or harm to the security of the nation.
8. The User shall not use the Internet network under this Application in the way that breach of condition of the Company service and/or breach of the communication
circuit condition of the supervise authority, any losses or damages, result from such breach, shall be the sole responsibility of the User.
9. The User shall use reasonable care and shall not do any act to the Internet Network in order to gain access to other computer system regardless of whether such
computer system belong to the Company or to other person to which the User is not permitted to access, and the User shall keep his password strictly confidential and shall not permit any unauthorized person to use such password.
10. User acknowledges that the copyright of installed Software (if any) under this contract is not belong to the Company. When the Company registers to use such
software with the copyright owner as requested by User, User cannot revoke and/or transfer such license to any other person as these are prohibited by the terms and conditions of the copyright owner. Thus, User is bound to pay the software license fees in full whether it has been used or not.
11. The Company and the User agree that the ownership of the goods sale under this agreement [if any] will transfer to the User after the price has been fully paid to the
company. In case that the price has not been paid, The User allows the seller to take the goods back from the User’s place, and the User shall be responsible for all damages occurred.
12. The User has an obligation to reserve and back up his data himself. The Company shall not be liable for any losses or damages caused by the defect, malfunction or
un-operation able of the cable system or communications circuit, or the network system linkage causing the delay, loss and damages to statements, information, data, pictures or code used by the User in communication.
13. The control, detection, protection, storing or any other acts, including the guarantee of the quality of Information, data or picture transmitted through the Company’s
network are not the Company’s duties. Also, the losses or damages resulting from the delay, mistakes, defect or malfunction of the communications circuit or disk drive, the User used by for transmission purpose through the Company’s network, are not the Company’s responsibility.
14. Terms and conditions stated in the Application are material conditions. The breach of such terms and conditions shall result the immediate service discontinuation,
without giving notice in advance, and termination of the Application, nor will the Company be liable to pay any costs of termination to the User.
15. In case of having any Service Account more than one Application or Service Account, when the User faults any payment hereunder or breaches any Application or
Service Account or purchasing contract or other contract with the company, it will be held that the User also breaches of the other Application or Service Account with the Company. The Company is entitled to terminate immediately all of relevant Application or Service Accounts and stop any provide services.
16. In case of the losses or damages occur to the Company or the third party is the result of the User’s noncompliance with the terms and conditions stated in the
Application, the User shall be fully responsible to such losses and damages.
17. The Company reserves the right to be responsible for the User for any damage or any trouble of the services arisen from the Company’s fault within the scope of this
application at the amount not exceeding 1 (one) month of the services fee for any damage or any trouble arisen within that month.
18. The User acknowledges that Office of The National Broadcasting and Telecommunications Commission granted the Company to provide service. In case the license
granted by the Company as a service Provider is revoked or terminated or expired for whatever reasons, this Agreement shall automatically terminated at the same time, and the User shall have no claims whatsoever against the Company, except to refund the Service Fee paid in advance for the unused service.
19. In case the User wishes to terminate the Application prior to the end of the term, the User shall notify the Company in writing not less than thirty (30) days in advance or
in case the Company terminate this Application because of the User’s fault, in any case, the User must pay a liquidated damages in the amount equivalent to 35% of all of the Service Fee for the remaining term of the Service Period to the Company and the User agrees to compensate the Company for all discounts and other sale promotions made by the Company for its consideration of volume and/or term of Service actually used by the User in accordance with Regular Service Fees as specified in the application form hereof within fifteen days from the date of termination.
20. Neither party hereto shall be liable for failure in performance of its obligations under this Application due to force majeure beyond the control of the party and any cause
or circumstances beyond its control and protection even though due care.
21. In case of necessity, the Company may temporarily suspend service by notifying reasons of such rights to the user in writing not less than thirty (30) days in advance.
Unless case of force majeure happened to the company or network provider who provides services under this contract or the user’s death/entity ceases or any use of false documents for applying or it is necessary to maintain or repair the system used for providing telecommunications services. The company can suspend the service immediately and is not responsible for any damages caused to the user due to the above causes.
22. During the term of this service or further extension, if any, the User shall have no rights to assign any of its rights or obligations herein to any person without prior written
consent of the Company. In case of permitted assignment, any and all obligations as well as payment obligations of the User shall remain in full force and effect. In addition, the User shall inform and procure its permitted assignee to acknowledge and comply with all terms and conditions of this Application.
23. This Application will be governed by and construed in accordance with the laws of Thailand. If any provision of this Application is held to be invalid or unenforceable,
all other provisions shall remain in effect.
24. Meaning in Thai is valid if it is construed differently from meaning in English.

Additional Terms And Conditions For Co-Location / Dedicated / Virtual Server / AZCloud / DR Site Service

1. Definition
1.1 “Co-Location Service” or “Service” means the service of providing computer deposit in the Data Center (“DC”) prepared by the Company including facilities for The User’s utilization and installation of its equipment.
Standard Services include:
1.1.1 “Full Rack” means computer deposit located in a Rack of 73.5 inches (42U) at size which is available for 14 units of computer.
1.1.2 “Half Rack or ½ Rack” means computer deposit located in a half size or 36.7 inches of Rack of 73.5 inches (42U) at size which is available for 7 units of computer.
1.1.3 “Quarter Rack or ¼ Rack” means computer deposit located in a quarter size or 18.3 inches of Rack of 73.5 inches (42U) at size which is available for 3 units of computer.
1.2 “Dedicated Service” means the service for hire-purchase of equipment such as computer servers, Router, and etc., and a rental space service in the Data Center (“DC”). The ownership of computers and equipment shall be vested in The User at the end of the period of service under this application.
 1.3 “Virtual Server or AZCloud Service” means the service which provides a rental space in the server deposited in the Data Center (“DC”).
1.4 “DR site service” means Office of emergency in the Data Center (DC) prepared by the Company, including area and ready-to-use facility. There are 2 types of services: dedicated room and shared room.
1.4.1 Disaster Recovery Service: dedicated room means reserve room at all times in service fees will be charged on a monthly fee which the service period specification in the first page of this application: clause 1
1.4.2 Disaster Recovery Service: Shared room means reserve room by timing which will be charged on a yearly fee and service fees (pay per use).
1.4.3 Facility provides at DR site in the term including Telephone line, Internet line connection, Office furniture, Electricity system and air condition system.
1.5 “Other Services” means products sold by the Company to The User , and/or optional support services offered to The User such as equipment, computer servers, Router, any speed internet connection, firewall rent, security system and etc.
1.6 “Authorized Person / Authorized Contact” means any level of The User’s representative appointed or named by The User. The rights and obligations of each level are specified accordingly with the Authorized Person Form or Authorized Contact List. The Authorized Person form and the Authorized Contact List shall form part of the application.
2. Responsibilities
2.1 The Company shall maintain area, environment, facilities and equipment within DC in good condition and in a readiness for the “Service”. The Company shall hold itself responsible only for working condition of such equipment, processing system, and programs in order to connect to the internet backbone. Whereas the Company will not be responsible for data collection and administration as these shall only be The User’s exclusive authority in doing so.
2.2 In accessing the DC, as well as to modify or remove any equipment in DC, the User shall make an appointment in advance, with a prior written notice or any other documents referable to such appointment through 24 hours Hotline Service Center. Notwithstanding as aforesaid, The User shall not do anything which may affect to equipment of DC without written consent of the Company.
2.3 The User agrees to comply with DC policies of the Company which attached as part of the application. The User shall use a reasonable care in supervising and utilizing the Services and shall not use such Services in any means for violating the other’s rights, accessing to any computer system without legitimate permission, or using any computer system in a manner that might cause problems or affect to overall or part of the Company’s Services (such as Camfrog, Bit Torrent, or any other application). The User shall not do any act which is harmful, contrary to the laws or against public order and good morals of the people, or which is prejudicial to the peace and security of the country. If any act of The User causes the loss or damage to the third party, The User shall be solely responsible for such loss and damage. In case the User breaches this clause, the Company shall have the right to cancel or suspend the Services without prior notice.
2.4 The User clearly understands that for the convenience of The User himself, the Company shall have the authority of appointing any person named by The User to temporarily become the “Authorized Person” at the initial period of any provided Services. The User also understands that he has an obligation to send a new Authorized Person Form to the Company so that the Company will replace the Authorized Person (Temporary) From with such Authorized Person Form. In case The User has not yet sent such Authorized Person Form, the person named by The User in Authorized Person (Temporary) Form shall become the Authorized Person according to this application. The User shall inform such Authorized Person to act accordingly with the terms and conditions provided by the Company. Any act performs by such Authorized Person shall deem to be the act performs by The User himself.
2.5 The Company reserves the rights to suspend the Services to The User by the Court order or other regulator in charge.
3. Termination
3.1 The User acknowledges that the Company provides the dedicated equipment for The User only.  Ownership of its computers & equipment are vested in The User at the end of the period of the Services under this application. In case The User terminates the Services prior to the agreed term or the Company terminates the Services due to a non-compliance with term and conditions of The User, The User agrees to immediately pay the price for all computers & equipment, and remove its equipment from the DC. In case The User fails to do so within 30 (thirty) days from the date of termination, the User agrees that the Company is entitled to sell its equipment to subsidize the price of its equipment and the outstanding debts. If such outstanding debts and price of its equipment are over the sale price, The User agrees to pay to company in full.
3.2 Subject to the provision of Article 3.3 hereunder, in case of termination, The User shall immediately remove its computers and equipment out of DC or remove data in Virtual server/ AZCloud service. If The User fails to do so, the Company shall not be liable for any damage which may be occurred.
If The User does not remove its computers and equipment, the Company shall have the right to disconnect the signal and remove such computers and equipment from DC to the central area provided by the Company. The User shall take his computer and equipment back within 30 (thirty) days from the termination date, and shall be responsible for any charges occurred, at the rate announced by the Company from time to time on www.csloxinfo.com. If The User fails to take his computers and equipment within the specified period, The Company shall have rights over The User’s computers and equipment by using them for the benefit of the Company, using them as a guarantee of The User’s debts or etc., and The User agrees not to claims for any losses or damages from the Company. The Company shall also be entitled to sell The User’s computers and equipment to subsidize the storage expenses, setting on sale in public auction to subsidize the storage expenses and the outstanding debts, or destroying The User’s computers and equipment. Any expenses occurred shall be borne by The User.
3.3 In case of termination which The User still has outstanding debts with the Company, the Company reserves the right to retain The User’s computers and equipment and not allow the removal of such computers and equipment from DC. The Company will store such computers and equipment at the central area provided by the Company, at the rate announced by the Company from time to time on www.csloxinfo.com. The User agrees to pay all charges in full by. If The User fails to complete the settlement within 30 (thirty) days from the date of termination, the Company shall immediately has the rights accordingly with the second paragraph of Article 3.2.
4. Terms of Payment (Extended)
The User acknowledges that the Company provides DR Site service for annual members only. The User shall pay annual service fee [VAT Excluded] to the Company for registration of the DC service [Shared room] The User shall pay the annual fees within the period specified in the invoices. The annual service fee is non-refundable unless specified in this Application. The annual service fee does not include access fee per time which shall be paid to the Company within the period specified in the invoices.  (Service time schedule is specified in the first page of this application: clause 2).
5. Interpretation
This Application has been prepared in both Thai and English. In the event of any inconsistency, the Thai version shall apply and be binding upon the parties.