The Jaispirit Terms of Service (this “Agreement”), the Limitation and Exclusion of Liability, the Jaispirit Acceptable Use Policy (“AUP”), the Domain Name Agreement (“DNA”) and the Data Processing Agreement (“DPA”) govern your purchase and use of all Jaispirit services (collectively, the “Services”), as described in the Order Form(s) submitted by you and accepted by Jaispirit (“Service Order”). Acceptance of any terms or conditions different from those contained herein by Jaispirit will not be deemed by provision of service, but only by electronic or written signature of an officer of Jaispirit. You must register and accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE “I ACCEPT” BUTTON, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE ‘LIMITATION AND EXCLUSION OF LIABILITY’, ‘ACCEPTABLE USE POLICY (AUP)’, ‘DOMAIN NAME AGREEMENT (DNA)’ AND ‘DATA PROCESSING AGREEMENT (DPA)’, WHICH ARE INCORPORATED HEREIN BY REFERENCE. Jaispirit Co., Ltd. may modify any of the terms and conditions contained in this Agreement in its sole discretion. Any modifications are effective upon posting of the revisions on the Jaispirit web site (the “Site”). Your continued use of the Services following Jaispirit posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify Jaispirit of your termination of this Agreement in the manner described in the section below. Termination of services due to non-agreement with terms and conditions modifications does not entitle the service user to any refunds of payments made or forgiveness of amounts owed for used or ordered services.
Jaispirit Co., Ltd. agrees to furnish services to the Subscriber, subject to the following ToS (Terms of Service).
The use of Jaispirit services constitutes acceptance and agreement to the Jaispirit Co., Ltd.
- Terms of Service (TOS),
- Limitation and Exclusion of Liability,
- Acceptable Use Policy (AUP),
- Domain Name Agreement (DNA) and
- Data Processing Agreement (DPA).
1. Term and Payment for Services
Term: This Agreement will be for an initial “Term” of 1 month (or stated as in the product/invoice) from the date the Services are first provided by Jaispirit. This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term or any Renewal Term for a period of thirty (30) days (or stated as in the product/invoice) unless you provide Jaispirit with written notice of termination at least thirty days (30) (or stated as in the product/invoice) before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as “Term”), whichever is then applicable. To provide your notice of termination, you must submit an email to the Jaispirit to initiate the cancellation of your service. Pricing and duration of Terms may be modified only if in writing (such as a Service Order) signed by Jaispirit.
2. Product/Service Pricing & Specifications
Product/Service pricing and specifications are subject to change at any time and at the sole discretion of Jaispirit Co., Ltd. Current product pricing remains valid for the term of the product or service contract which is thirty (30) days or unless otherwise stated.
Modifications to product specifications which affect a customer’s ability to use a service or product will be taken into considerations on a case-by-case basis.
This Agreement may be terminated: (i) by you or Jaispirit during any Renewal Term, without cause, by giving the other party no less than thirty (30) days prior written notice (or stated as in the product/invoice), or a greater number of days prior notice if specified in a Service Order accepted by Jaispirit; (ii) by Jaispirit in the event of nonpayment by you as provided in the section below or (iii) by Jaispirit, at any time, without notice, if, in Jaispirit’s sole judgment, you are in violation of any terms or conditions of the AUP and/or DPA. If you terminate this Agreement, or if Jaispirit terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately and without set off or delay all charges, fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts including, but not limited to, bandwidth overage charges that you owe to Jaispirit under this Agreement.
You will immediately pay, upon receiving an electronic invoice from Jaispirit, all charges for your use of the Services at the then current Jaispirit prices for that category of service or any special offer applicable to your account as determined by Jaispirit. You are responsible for paying all federal, state and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services other than taxes based on Jaispirit net income. All service fees are subject to VAT 7% (Value Added Tax) and WHT 3% (Withholding Tax) within Thailand. If you default on any of your obligations under this Agreement and Jaispirit must engage a collections effort to collect past due sums associated with your use of Services, you are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney’s fees of Jaispirit.
Shared hosting services come with a set data storage allotment. This represents the total amount of storage capacity allotted for each calendar month. If the allotment amount is exceeded, Jaispirit will contact you via email to notify you of the overage. You may decide to upgrade your shared hosting package to the next available tier or to reduce your disk usage. If you do not respond to the notification within 72-hours your shared hosting account will automatically be suspended until you arrange for your account to be upgraded. It is your responsibility to monitor your storage utilization and to pay for all overages.
5. Payment and Fees
You will pay all charges for the first month of service in advance on the first day of the Initial Term. You will pay all subsequent charges for Services in their entirety in advance on the anniversary day of each successive term. You must pay for the Services by cash, Credit/Debit Card, Internet Banking or PayPal. You authorize Jaispirit to charge your credit or debit card, PayPal account to pay for any charges that may apply to your account. You have a specific obligation to immediately notify Jaispirit of any changes to your card account (including applicable account number or cancellation or expiration of the account, your billing address, or any information that may prohibit Jaispirit from properly charging your account). Failure to immediately and fully pay your fees for Services and applicable taxes when invoiced by Jaispirit shall be a material breach of this Agreement, justifying Jaispirit to suspend its performance and terminate this Agreement. If Jaispirit terminates this Agreement for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to Jaispirit under this Agreement including, but not limited to, bandwidth overage charges. You are responsible for any costs that Jaispirit incurs in enforcing collection, including reasonable attorneys’ fees, court costs and collection agency fees.
Credit cards that are declined for any reason or PayPal payments that are either rejected or not made when Services are invoiced are subject to an additional processing fee. Service will be immediately interrupted on any account that is unpaid. Service interrupted for non-payment is subject to a US$ 30 suspension charge per hosting account or server. Accounts not paid by the due date are subject to a US$ 5 late fee that accrues daily until paid in full. Accounts that are not collectible by Jaispirit may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company an additional “Collection” fee of not less than US$ 50 and not more than US$ 150. If you desire to cancel the account, please inform us via our contact form (Contact us).
6. Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon failure of the Subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and all collection fees, including legal expenses.
7. Refunds and Disputes
*All payments to Jaispirit are nonrefundable* and include any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time that the dispute occurred. If you dispute a charge to your credit card issuer that, in Jaispirit’s sole discretion, is a valid charge under the provisions of this Agreement, AUP and/or DPA, you agree to pay Jaispirit an additional “Investigation Fee” of US$ 100.
8. Use of Services
The AUP is posted on the site at https://www.best-secure-hosting.com/terms-of-service/#aup and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. JAISPIRIT MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
Security: You are solely responsible for any security breaches affecting servers or accounts under your control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, Jaispirit will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Jaispirit or any of its other customers.
9. Technical Support
We provide technical support for issues related to functionality of any service(s) and features purchased from us. Our technical support is available for all customers and is provided on an as-is, as available basis. We aim to deliver support in a fast and efficient manner, however, we cannot guarantee that all inquiries will be handled within the statistical averages advertised on our site. You may request technical support via our contact form (Contact us).
If you request technical support, you agree that we may have full access to your services and/or content. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform in order to address your technical support issue may affect the functionality of your website and/or services. It is your responsibility to ensure that your website is operational and the services are configured to your needs once we complete work on your request. If your request for technical support exceeds that of similarly situated customers or is outside the scope of our free technical support, we reserve the right to deny service related to such request.
To the maximum extent applicable under national law and without affecting your rights as a consumer, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in these Terms. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right not to process your technical support request(s), if: (1) you violate these Terms; (2) you are abusive towards our employees or subcontractors; (3) the need for Technical Support Services is due to any modification or attempted modification of the services made by you or any third party outside of Jaispirit’s control, or your failure or refusal to implement changes recommended by Jaispirit. We may refuse to perform any request that requires changes not compatible with the services or not related to them or that might create a security risk or deteriorate their performance.
We provide free technical support for issues related to our hosting platforms and features:
- Issues related to the proper functionality of Jaispirit User Area, including tools and features provided by Jaispirit, such as auto-update services, staging, caching, integration for currently supported SSL certificates, control panels, daily backup and other.
- Issues related to the functioning and functionality of any of our services, including issues you report related to the uptime and stability of our services.
- Assistance related to settings and proper usage of the features and tools provided by us.
- Inquiries related to the registration, renewal, and transfer of domains to us, DNS or WHOIS updates. For issues related to domain transfer from Jaispirit to another hosting provider or registrar, our support is limited to make sure the domain is transferable per the requirements for the respective domain extension.
Issues outside the scope of free technical support
- Issues related to web design, web development and/or customization.
- Issues related to GDPR, PDPA, Cookie-Consent etc.
- Website related inquiries such as coding issues, database optimizations, benchmark tests, changing the current setup of your servers, installation of new software on the server, etc.
- issues related to website content, in order to prevent misunderstandings from the outset, Jaispirit does not refer to itself as a full-service web agency. Jaispirit provides the technical implementations and administers them, if possible. The website owner is responsible for the content himself. Jaispirit can, at an additional cost, assist with the creation of website content.
- Issues related to the installation of third-party scripts/applications not provided by Jaispirit.
- Inquiries related to the functioning of scripts, SEO services, optimizations, themes or extensions.
WE EXPRESSLY POINT OUT THAT EVERY CUSTOMER IS RESPONSIBLE FOR THE CONTENT OF HIS OWN WEBSITE. THIS ALSO APPLIES TO ISSUES REGARDING GDPR, PDPA.
Customers have in principle the possibility to contact Jaispirit regarding the correct implementation of GDPR and/or PDPA, in order to get an offer for the correct implementation of GDPR, PDPA on their website. If the offer does not meet their expectations, the customer can resort to third party services.
WE RESERVE THE RIGHT TO REMOVE NON GDPR, PDPA COMPLIANT WEBSITES FROM THE PUBLIC NET UNTIL THEY ARE COMPLIANT AGAIN.
If you request technical support for issues outside the scope of our free technical support services, we may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for technical support. Fees for technical support must be paid in advance.
10. Intellectual Property Rights
Your Warranties and Representations to Jaispirit: You warrant, represent, and covenant to Jaispirit that: (a) you are at least 18 years of age if an individual; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP, DPA; and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation, or ordinance.
11. Third Party Products
Jaispirit may provide you with access to other third party software and/or services (“Third Party Products”) through reseller relationships that Jaispirit has established with certain commercial vendors, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Jaispirit and not by the Third Party Vendor. Neither Jaispirit nor any Third Party Vendor makes any representations or warranties, expressed or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT THE CUSTOMER’S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM JAISPIRIT OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER JAISPIRIT NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND JAISPIRIT WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS. You shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, de-compile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
12. Disclaimed Warranties
Jaispirit exercises no control over, and accepts no responsibility for, the content of the information passing through Jaispirit host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED “AS IS” AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. JAISPIRIT DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. JAISPIRIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
IN NO EVENT WILL JAISPIRIT OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER JAISPIRIT NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO JAISPIRIT’S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF JAISPIRIT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF JAISPIRIT AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO JAISPIRIT UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY JAISPIRIT UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE JAISPIRIT AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION
2. Interruption of Service
Jaispirit and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, Jaispirit is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any “act of God” or other cause beyond its reasonable control (including any mechanical, electronic, communications or third-party supplier failure).
In agreeing to the Jaispirit AUP, DPA and this Agreement, you agree to indemnify, defend and hold harmless Jaispirit, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of the AUP or DPA or this Agreement that results either in (a) any cost, expense, damage or loss to Jaispirit, or (b) the bringing of any claim against Jaispirit by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if Jaispirit is sued because of your or your customer’s activity related to the Services, you will pay any damages awarded against Jaispirit, its employees, directors, partners, representatives and affiliates, in addition to all costs and attorney’s fees.
4. MISCELLANEOUS PROVISIONS
Jaispirit and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THAILAND (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE APPROPRIATE COURTS IN THAILAND, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign, or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Jaispirit, and any attempted assignment or delegation without such consent will be void. Jaispirit may assign this Agreement in whole or part. Jaispirit also may delegate the performance of certain Services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and Jaispirit are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and Jaispirit. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.
This Limitation and Exclusion of Liabilty is an integral part of the Jaispirit Terms of Service (TOS) and may be modified in accordance with the provisions set out in the TOS.
JAISPIRIT’s goal is to provide its clients with the best commercial Internet service possible. To accomplish this, JAISPIRIT has adopted this Acceptable Use Policy (the “AUP”). This AUP outlines acceptable use of JAISPIRIT’s network. All JAISPIRIT clients and all others who use the Service (the “client”, “user”, “you”, or “your”) must comply with this AUP. If your business or organization does not agree to comply with this AUP, it must immediately stop all use of the Service and notify JAISPIRIT, so that it can close your account.
JAISPIRIT’s clients who provide services to end users are responsible for such end users compliance with the terms of this AUP and must take steps to ensure compliance by their users. By using or accessing JAISPIRIT’s services, Clients agree to be bound by the terms of the AUP.
JAISPIRIT reserves the right to modify, the Policy at any time, effective upon posting at https://www.best-secure-hosting.com/terms-of-service/#aup. Clients are responsible for monitoring this website for changes. Use of JAISPIRIT’s Services after changes to the AUP are posted on the website shall be deemed to constitute Clients’ acceptance of such new or additional terms of the AUP.
1. ILLEGAL USE
The JAISPIRIT network may be used only for lawful purposes. Transmission, distribution or storage of any materials in violation of any applicable law or regulation is prohibited. This includes, without limitation:
- Material protected by copyright, trademark, trade secret, software piracy, patents or other intellectual property right without proper authorization.
- Engaging in activity that violates privacy, publicity or other personal rights of others.
- Material that is obscene, abusive, defamatory, harassing, or contains lèse-majesté or threatening language constituting an illegal threat or violates export control laws.
- Exploitation of vulnerabilities in hardware or software for malicious purposes such as exploitation of scripts presented on web pages (i.e., forms for answering questions or entering data).
2. SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may result in criminal and civil liability.
Examples of system or network violations include, without limitation the following:
- Activities that disrupt the use of or interfere with the ability of others to effectively use the JAISPIRIT network, system, service, or equipment by utilizing programs, scripts, or commands to abuse a website (i.e., DDOS, SYN Floods or similar attacks).
- Unauthorized access to or use of computers, data, systems, accounts or networks, including any attempt to probe, scan, or test the vulnerability of a system or network or an attempt to penetrate security measures of another individual’s system (known as ‘hacking’) is prohibited.
- Interference with service to any user, host or network including, without limitation, mail-bombing, flood, deliberate attempts to overload a system and broadcast attacks.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of JAISPIRIT IP space is prohibited.
- Also, attempting to circumvent Client authentication or security of any hosts, network, or account (‘cracking’) without authorization is prohibited.
- Simulating communications (“phishing”) from and/or to a website or other service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service is prohibited.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting or otherwise engaging in any monitoring or interception of data not intended for the User without authorization is prohibited.
- Using malware, DNS cache poisoning or other means (“pharming”) to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service is prohibited.
Sending unsolicited mail messages is prohibited, including without limitation
A) Client is prohibited from sending unsolicited bulk and/or commercial messages over the Internet (‘spamming’). This includes receiving replies from unsolicited emails, (i.e., ‘drop-box’ accounts) or configuring any email server in such a way that it will accept third party emails for forwarding (i.e., open mail relay). Bulk email may only be sent to recipients who have expressly requested receipt of such email messages through a ‘verified opt-in’ process. Users that send bulk email messages must maintain complete and accurate records of all email subscription requested, specifically including the email and associated headers sent by every subscriber, and shall immediately provide JAISPIRIT with such records upon request. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization.
B) Service must not be used to:
- Send messages to any individual or entity who has indicated that they do not wish to receive a message from you.
- Collect or redirect responses from unsolicited messages sent from accounts on another Internet hosts or messaging services which violates this policy, or the equivalent policy or any other policy of any other Internet service provider or website. Moreover, unsolicited messages sent from accounts on other Internet hosts or messaging services may not direct the recipient to any website or other resource that uses JAISPIRIT’s network.
- Purchase lists of email addresses from third parties for mailing to or from any JAISPIRIT hosted domain, or referencing JAISPIRIT account, is prohibited.
- Distribute Internet Viruses, Worms, Trojan Horses, flooding, mail bombing, or denial of service attacks or distributing information regarding the creation of such viruses, worms, etc. for reasons other than mitigation or prevention is prohibited. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment is prohibited. Transmitting, distributing or storing information or material, that, as reasonably determined by JAISPIRIT, is threatening, abusive, violates the privacy of others or which violates any applicable law or regulation, that is harmful to or interferes with JAISPIRIT’s provision of Service, the JAISPIRIT network or any third party’s network, equipment, applications, services or websites, that is fraudulent or contains false, deceptive or misleading statements, claims or representations (i.e., phishing), and deceptive marketing practices including, without limitation to, practices that violated trade commission guidelines for proper online marketing schemes is prohibited.
4. OBSCENE SPEECH OR MATERIALS
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. Using JAISPIRIT’s network to advertise, transmit, store, post, display or otherwise make available child pornography or obscene speech or materials or lèse-majestéy is prohibited. JAISPIRIT does not prohibit any material allowed by law. JAISPIRIT is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through JAISPIRIT’s network.
5. RISKS OF THE INTERNET
A) Some activities that clients can perform when accessing the Internet may be harmful or cause loss to client, other people that may access client’s service, or client’s equipment including, without limitation:
- Downloading content (including receiving emails) from the Internet which may introduce viruses or other harmful features to the client’s computer;
- purchase goods or services using the Internet;
- transmitting confidential information over the Internet (such as credit card numbers or other business information), or
- accessing and viewing content on the Internet or otherwise available through the service that may be offensive to some individuals, or inappropriate for children.
B) Client shall bear all risk associated with the activities referred to in paragraph (A) above and JAISPIRIT does not have any liability for any claims, losses, actions, damages, suites or proceeding arising out of or otherwise relating to such activities.
C) Client may minimize the risk of accessing illegal or offensive content as well as managing use of the Internet by using a filtering solution. JAISPIRIT does not provide these filtering solutions as part of the Service and it is the client’s responsibility to implement these measures.
YOU ACKNOWLEDGE YOUR INDEMNIFICATION OBLIGATIONS UNDER THE TERMS OF SERVICE OF JAISPIRIT AND AGREE THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL MONETARY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM VIOLATIONS OF THIS AUP TO INCLUDE, WITHOUT LIMITATION, THE SERVICES, SERVERS, AND IP ADDRESSES PROVIDED TO YOU BY JAISPIRIT, THE NETWORK AND BUSINESS OPERATIONS OF JAISPIRIT, RELATED COSTS INCURRED BY JAISPIRIT, AND ANY THIRD PERSON OR PARTY AND THAT SUCH MONETARY DAMAGES WILL BE CHARGED TO YOUR ACCOUNT. VIOLATIONS OF THIS AUP MAY RESULT IN SIGNIFICANT CIVIL AND CRIMINAL LIABILITY TO YOU.
7. DATA LIABILITY AND RESPONSIBILITY
YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL DATA STORED OR TRANSMITTED ON, TO, FROM, OR THROUGH THE SERVICES, SERVERS, AND IP ADDRESSES PROVIDED TO YOU BY JAISPIRIT TO INCLUDE, WITHOUT LIMITATION, BLOCK SPECIAL FILES, CHARACTER SPECIAL FILES, DIRECTORIES, SYMBOLIC LINKS, SOCKET LINKS, FIFO’S, REGULAR FILES, PROGRAMS, DATABASES, TEXT, GRAPHICS, PICTURES, MOVIES, AUDIO, STREAMING MEDIA, WEB PAGES, HYPERLINKS, EMAIL, INSTANT MESSAGES, CHAT MESSAGES, FILE TRANSFERS, HOST NAMES, AND DOMAIN NAMES.
8. DISCLAIMER OF RESPONSIBILITY
JAISPIRIT ASSUMES NO LIABILITY OR RESPONSIBILITY TO ANY PERSON OR PARTY FOR ANY VIOLATION OF THIS AUP BY ANY OTHER PERSON OR PARTY. IT IS THE POLICY OF JAISPIRIT, BUT NOT ITS OBLIGATION, TO MONITOR ITS NETWORK FOR POTENTIAL, ALLEGED, OR ACTUAL VIOLATIONS OF THIS AUP AND TO CANCEL EGREGIOUS OR REPEAT OFFENDERS OF THIS AUP WITHOUT PRIOR NOTICE.
9. RIGHT OF REFUSAL
JAISPIRIT reserves the right to refuse service to anyone at any time.
10. ADDITIONAL TERMS AND CONDITIONS
The use of the JAISPIRIT network by a Client is subject to the terms and conditions of any agreements entered into by such Client with JAISPIRIT. This AUP is incorporated into such agreements by reference.
11. COMPLAINTS/VIOLATIONS OF AUP
Any complaints regarding prohibited use of other abuse of the JAISPIRIT Network, including violations of this AUP, should be reported over JAISPIRIT’s contact form (Contact us). Please include all applicable information that will assist JAISPIRIT in investigating the compliant.
This Acceptable Use Policy is an integral part of the Jaispirit Terms of Service (TOS) and may be modified in accordance with the provisions set out in the TOS.
The following Agreement (“Terms” or “Agreement”) applies to your use of domain names registered through or transferred to Jaispirit (“Jaispirit”, “us”, “our”). This Agreement is an integral part of the Jaispirit Terms of Service (“TOS”) and together with the Registrant Agreement provided by the respective Registry or Registrar of record, and ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) represents the entire Agreement between you and Jaispirit with regard to your use of domain names and any domain-related Services.
By purchasing a domain from or transferring a domain to Jaispirit, you declare that you have read, understood and agreed to be bound by these Terms. The terms and conditions of our Registrars can be reviewed at:
- Key-Systems https://www.key-systems.net/en/terms-and-conditions
- RRPproxy https://www.rrpproxy.net/Legal/Terms_and_Conditions
- ICANN Registrant Rights and Responsibilities https://www.icann.org/resources/pages/responsibilities-2014-03-14-en
- ICANN UDRP https://www.icann.org/resources/pages/policy-2012-02-25-en
Jaispirit is not responsible for any domain names associated with our Services but not registered through us.
1. Domain Name Registration and Management
1.1. You may apply for a domain name registration by sending an Order for purchase of Services from Jaispirit. We cannot guarantee that the domain name applied for in your Order will be registered in your name or is capable of being registered by you. You should not rely on the fact that you have submitted an Order to register a domain name until we send you notification that your Order has been accepted and your domain has been registered.
1.2. The registration and ongoing use of a domain name are subject to the relevant naming authority’s terms and conditions of use, which are hereby incorporated by reference. You acknowledge and agree that Jaispirit bears no responsibility should a naming authority refuse to register a domain name.
1.3. If you register a domain name through or transfer a domain to Jaispirit, Jaispirit manages your domain registration with Key-Systems. We create a new contact at Key-Systems, which must be verified by you. Your verified contact will be registered as ‘Owner Contact’ and ‘Admin Contact’, Jaispirit as ‘Technical Contact’. Contact details are not publicly available anymore. They were redacted for privacy since the switch to GDPR, PDPA / IT Security. Jaispirit manages your DNS Zone and takes care of the correct implementation for DNSSEC. Requested changes to the DNS are accepted by email or via our support ticket system (https://support.jaispirit.com/).
1.4. Domain names and any domain-related services are subject to renewal and termination as set out in the Jaispirit TOS. Domain registration and renewal fees are non-refundable in any event. The maximum renewal period for different TDLs may vary depending on the respective Registry. Renewal fees for expired domain names may vary depending on the Registrar of record.
2. Registrant Information
2.3. Some Registries require that you confirm your contact information after initial registration and/or after any change or contact details before a domain name registration is completed or updated. If this applies for your domain, the Registrar of record shall send you an email notification with instructions on how to confirm your details. If you fail to confirm your details within the specified deadline, your domain will be suspended or deleted which will affect the functionality of any Jaispirit Services associated with that domain. You are solely responsible for following any instructions you receive to keep your domain name registration in good standing.
2.4. You acknowledge and agree that upon domain name renewal the type of information you are required to provide may change. If you do not agree to provide the new information, your registration will not be renewed.
2.5. The information you provide determines the ownership of the domain. For non-expired domain names registered through Jaispirit, and subject to availability and the requirements of the respective Registry, this information may be updated.
2.6. You are solely responsible for providing us with accurate and up-to-date contact information. We shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information. You are responsible for any changes to your domain name contact details made to us.
2.7. You acknowledge and agree that if you (i) provide inaccurate information; (ii) fail to update contact information promptly; or (iii) fail to respond to Jaispirit or Registrar inquiries regarding the accuracy of your domain name contact details within any specified timeframe, this shall constitute violation of the Terms and may result in suspension and/or cancellation of your domain name registration.
3. Collection and use of registration information
3.1. By registering a domain name through or transferring a domain to Jaispirit, you understand and agree that the Registrar of record, relevant Registry or ICANN may establish guidelines, limits and/or requirements regarding what information Jaispirit must collect from you in order to provide the Services to you and how we may use such information.
3.2. You acknowledge and agree that Jaispirit will make available domain name registration information you provide, or that Jaispirit otherwise maintains, to ICANN, the Registrar of record, the Registry and other third parties as required or permitted by ICANN and applicable laws.
4. Domain Transfers (Registrar)
4.1. You can change the Registrar of record for an existing domain name in accordance with the transfer policy and requirements of the relevant Registry. Only the individual or entity listed as the registrant in the current domain name registration (“Domain Name Owner”) may initiate a request to transfer the domain to Jaispirit. By purchasing domain transfer Services from us you hereby represent that you are the Domain Name Owner or that you have been duly authorized by the Domain Name Owner to initiate a transfer.
4.2. The information required to initiate a domain name transfer will be collected on the Order. We may require that you provide additional documentation that proves the ownership of a domain before or after a transfer request is initiated. If the Registrar of record is being changed simultaneously with a trade of a domain name from one party to another, we may also request that you submit appropriate authorization for the transfer – i.e. a bilateral agreement between the parties, a court order, a final determination of a binding dispute resolution body or other appropriate authorization.
4.3. Upon successful completion of the registrar transfer request, our Registrar shall immediately become the Registrar of record.
4.4. You acknowledge and agree that any domain name transfer is subject to the terms and conditions set out by the respective Registry. Jaispirit shall not be responsible for transferring domains that do not meet the requirements for transfer of the respective Registry.
5.1. Any dispute between you and any third party regarding a domain name must be resolved between the parties involved. Jaispirit will neither be a party in a dispute, nor will facilitate dispute resolution. We reserve the right, upon becoming aware of a dispute and at our sole discretion, to either suspend or cancel the domain name, and/or make appropriate representations to the Registrar of record or the relevant Registry. You warrant and represent that to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used by you and/or any affiliate directly or indirectly infringes the legal rights of a third party. In any case, disputes for the ownership of domain names shall be governed by ICANN’s UDRP which is an integral part of this Agreement.
This Domain Name Agreement is an integral part of the Jaispirit Terms of Service (TOS) and may be modified in accordance with the provisions set out in the TOS.
Between Jaispirit Co., Ltd., 51/34, Moo 3, T. Maret, Koh Samui, Suratthani, Thailand 84310 (collectively hereinafter referred to as (“Jaispirit” or the “Data Processor”)), and You (“Client” or the “Data Controller”), each a “Party”, collectively the “Parties” hereto.
This Agreement specifies the Parties’ data protection obligations in regards to the Processing of data by the Data Processor on behalf of the Data Controller, as stipulated or established in the existing Agreement or any other contractual understanding between the Parties, which involves the processing of personal data on behalf of the Data Controller (collectively the “Base Agreement”). It applies to all activities performed in connection with the Base Agreement in the course of which either Party’s staff, or a 3rd party acting on its behalf (the Data Processor”), may come into contact with personal data belonging to the principal (the “Data Controller”) or its’ customers on behalf of the Data Controller. This Data Processing Agreement shall come into force and effect on the date of the last dated signature hereunder (the “Effective Date”) and shall be bound to the term of the Base Agreement, unless terminated by either Party giving the other at least 3 months prior written notice of its intention to terminate. All Exhibits hereto place integral parts of this Data Processing Agreement upon signature hereof.
(1) “Personal Data”
Personal Data means any information relating to an identified or identifiable natural person (the “Data Subject”).
Processing means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Instruction means any written instruction, issued by the Data Controller to the Data Processor, and directing the same to perform a specific action with regard to Personal Data (including, but not limited to, de-personalizing, blocking, deletion, making available). Instructions shall initially be specified in the Base Agreement and may, from time to time thereafter, be amended, amplified or replaced by Controller in separate written instructions.
(4) “Data Controller”
Data Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data.
(5) “Data Processor”
Data Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
(6) This Agreement applies to the Processing of Personal Data by Jaispirit in the course of providing Services under the Agreement. For the purposes of this Data Processing Agreement: Client may in some cases be considered as a Data Processor for a third-party Data Controller, and Jaispirit may in such situations be a Sub-processor to Process Personal Data on Client’s behalf. For simplification purposes, Jaispirit is hereinafter referred to as a Data Processor and Client is hereinafter referred to as a Data Controller. Any notifications given by the third-party Data Controller to Client will in such cases be conveyed to Jaispirit insofar as the notifications relate to the Services provided by Jaispirit. In addition, any instructions given by Client to Jaispirit relating to the Processing of Personal Data are in such cases the instructions given by the third-party Data Controller.
2. Scope and Responsibility
(1) The Data Processor shall process Personal Data on behalf of the Data Controller. Processing shall include such actions as may be specified in the Base Agreement, any statement of work, Work Order or any other written statement, involving the Processing of Personal Data or the possibility of such. Within the scope of the Base Agreement, the Data Controller shall be solely responsible for complying with the statutory requirements relating to data protection, in particular regarding the transfer of Personal Data to the Processor and the Processing of Personal Data.
(2) Based on this responsibility, the Data Controller shall be entitled to demanding the rectification, deletion, blocking and making available of Personal Data during and after the term of the Base Agreement.
(3) The regulations of this Agreement shall equally apply if technical maintenance or services are performed on behalf of the Data Controller and access to Personal Data in such context cannot be excluded.
(4) Any Personal Data processed by the Data Processor under this Agreement or the Base Agreement shall remain the property of the Data Controller.
3. Obligations of Processor
(1) The Data Processor shall collect, process and use Personal Data only within the scope of the Data Controller’s Instructions or a specified and agreed in the Base Agreement.
(2) Within the Data Processor’s area of responsibility, the Data Processor shall structure its internal corporate organization to ensure compliance with the specific requirements of the protection of Personal Data, established by PDPA and local data protection laws currently in effect. The Data Processor shall take the appropriate technical and organizational measures to adequately protect the Data Controller’s Personal Data against misuse and loss in accordance with the requirements of PDPA. Such measures hereunder shall include, but not be limited to:
a) the pseudonymization and encryption of personal data where possible;
b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of Processing systems and services (logical, physical access control, transfer control);
c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident (availability control);
d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the Processing. Data security measures referred to in this section above shall be supported by the use of state-of-the-art encryption technology.
(3) Upon the Data Controller’s request, the Data Processor shall provide all information concerning the protection of personal data within the Data Processor’s organization in the sense of PDPA.
(4) The Data Processor shall ensure that any personnel, entrusted with Processing the Data Controller’s Personal Data have undertaken in writing to comply with the principle of data secrecy in accordance with PDPA and have been duly instructed on the protective regulations of the PDPA. The undertaking to secrecy shall continue after the termination of the above-entitled activities.
(5) The Data Processor shall notify to the Data Controller the contact details of the Data Processor’s data protection Officer (if appointed) or the responsible associate, respectively.
(6) The Data Processor shall, without undue delay, inform the Data Controller in case of an interruption of operations, suspicion of breaches of Personal Data protection, and any other irregularity in Processing the Data Controller’s Personal Data.
(7) The Data Controller shall retain title as to any carrier media provided to the Data Processor as well as any copies or reproductions thereof. The Data Processor shall store such media safely and protect them against unauthorized access by third parties. The Data Processor shall, upon the Data Controller’s request, provide to the Data Controller all information on the Data Controller’s Personal Data and information. The Data Processor shall be obliged to securely delete any test and scrap material, based on an Instruction issued by the Data Controller on a case-by-case basis. Where the Data Controller so decides, the Data Processor shall hand over such material to the Data Controller or store it on the Data Controller’s behalf.
(8) The Data Processor shall be obliged to audit and verify the fulfillment of the above-entitled obligations.
4. Obligations of Controller
(1) The Data Controller and Data Processor shall be separately responsible for conforming with such statutory data protection regulations as are applicable to them.
(2) The Data Controller shall inform the Data Processor without undue delay and comprehensively about any errors or irregularities related to statutory provisions on the Processing of Personal Data detected during a verification of the results of such Processing.
(3) The Data Controller shall be responsible for fulfilling the duties to inform resulting from PDPA.
(4) The Data Controller shall, upon termination or expiration of the Base Agreement, and, by way of issuing an Instruction, stipulate, within a period of time set by the Data Controller, the measures to return data carrier media or to delete stored data.
(5) Any additional cost arising in connection with the return or deletion of Personal Data after the termination or expiration of the Base Agreement or arising out of Instructions outside the Base Agreement’s scope shall be borne by the Data Controller.
5. Enquiries by Data Subjects or Supervisory Authorities
Where the Data Controller, based upon PDPA or other applicable data protection law, is obliged to provide information to an individual about the collection, Processing or use or its Personal Data, the Data Processor shall assist the Data Controller in making this information available, provided that:
– the Data Controller has instructed Processor in writing to do so, and
– the Data Controller reimburses the Data Processor for any reasonable costs arising from this assistance.
6. Audit Obligations
The Data Controller may, prior to the commencement of Processing, and in regular intervals thereafter, audit the technical and organizational measures taken by the Data Processor, and shall document the resulting findings. For such purpose, the Data Controller shall collect voluntary disclosures from the Data Processor.
7. Sub-processors, Subcontractors
(1) The Data Controller agrees that the Data Processor may subcontract parts of its contractual obligations hereunder to the Data Processor’s affiliated companies and/or third parties (“Sub-processors”), solely for the purpose of fulfilling its obligations under any given Instructions. Sub-processors will only act on the Data Processor’s Instructions when Processing Personal Data and will abide by any applicable data protection laws in effect. The Data Processor agrees and warrants to remain liable to the Data Controller for the subcontracted Processing of its Sub-processors under this Agreement.
(2) Where the Data Processor engages Sub-processors, the Data Processor shall be obliged to pass on the Data Processor’s contractual obligations hereunder to such Sub-processors and will restrict to the Sub-processor’s access to data only to what is necessary to maintain the subcontracted services. Sentence 1 shall apply in particular, but shall not be limited to, the contractual requirements for confidentiality, data protection and data security stipulated between the parties of the Base Agreement. Furthermore, the Data Processor is responsible for setting-up and maintaining appropriate safeguards between him and the Sub-processors as stipulated in PDPA.
(3) The Jaispirit website https://www.jaispirit.com/subprocessors/ lists Sub-processors that are currently authorized by Jaispirit to access or process data on behalf of the Data Processor, only for specific purposes. At least 30 days before Jaispirit authorizes and permits any new Sub-processor to access data on its behalf, Jaispirit will update the applicable website. If the Data Controller does not approve such new Sub-processor, then without prejudice to any termination rights under the Base Agreement and subject to the applicable terms and conditions, the Data Controller shall have the right to either terminate its Instruction to process data in writing or reject a specific form of data processing in writing towards the Data Processor in order to avoid processing by such new Sub-processor.
8. International Data Transfers
The Data Controller acknowledges that the Data Processor’s Sub-processors may maintain data processing operations in countries without an adequate level of data protection, if it is required for the fulfillment of the Data Controller’s Instructions or the underlying agreement. In such case, the Data Processor warrants that such Processing is protected by appropriate safeguards as requested by PDPA. Specifically, the Data Processor will only transfer of personal data to entities outside if such entities are bound by PDPA to make sure that the foreign entity will have established and adequate level of data protection within its organization by taking the appropriate technical and organizational measures in accordance to PDPA and local data protection laws in effect.
9. Duties to Inform
Where the Data Controller’s Personal Data becomes subject to search and seizure, an attachment order, confiscation during bankruptcy or insolvency proceedings, or similar events or measures by third parties while being Processed, the Data Processor shall inform the Data Controller without undue delay. The Data Processor shall, without undue delay, notify to all pertinent parties in such action, that any Personal Data affected thereby is in the Data Controller’s sole property and area of responsibility, that Personal Data is at the Data Controller’s sole disposition, and that the Data Controller is the responsible body in the sense of the PDPA.
10. Limitation of Liability
Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either Party to this Agreement or their affiliates, officers, directors, employees, agents, service providers, suppliers or licensors be liable to the other Party or any third-party for any lost profits, lost sales or business, lost data (where data is lost in the course of transmission via the Data Controller’s system or over the internet through no fault of the Data Processor), business interruption, loss of goodwill or for any type of indirect, incidental, special, exemplary, consequential or punitive loss or damages, or any other loss or damages incurred by the other party or any 3rd party in connection with this Agreement, or the services, regardless of whether such Party has been advised of the possibility of or could have foreseen such damages. Notwithstanding anything to the contrary in this Agreement or the Base Agreement, the Data Processor’s aggregate liability to the Data Controller or any 3rd party arising out of this Agreement or any data Processing services performed hereunder, shall in no event exceed to the limitations set forth in the Base Agreement. For the avoidance of doubt, this section shall not be construed as limiting the liability of either party with respect to claims brought by Data Subjects. The Data Controller and the Data Processor act as joint debtors in respect to such claims.
11. General, Choice of Law
(1) No change of or amendment to this Data Processing Agreement and all of its components, including any commitment issued by the Data Processor, shall be valid and binding unless made in writing or electronically and signed or agreed to by either Party and unless they make express reference to being a change or amendment to these regulations. The foregoing shall also apply to the waiver of this mandatory form.
(2) If any provision (or part thereof) of this Agreement is held invalid by a court with jurisdiction over the Parties, such provision (or part thereof) will be deemed to be restated to reflect as nearly as possible the Parties’ original intentions in accordance with applicable law, and the remainder of the Agreement or provision will remain in full force and effect as if the Agreement had been entered into without the invalid provision (or part thereof).
(3) This Agreement is governed by the laws of Thailand. The courts located in Bangkok shall have the exclusive jurisdiction over the parties in regards to this Agreement.
(4) Name of the Jaispirit Data Protection Officer: Erich Alexander C. Goettert (firstname.lastname@example.org)
Note: Please note that the following additional license terms apply only to customers with a JAISPIRIT Server Subscription with Windows Operating System.
This document governs the use of Microsoft software, which may include associated media, printed materials, and “online” or electronic documentation (individually and collectively, “Products”) provided by Jaispirit Co., Ltd. (hereinafter referred to as “JAISPIRIT”). JAISPIRIT does not own the Products and the use thereof is subject to certain rights and limitations of which JAISPIRIT must inform you. Your right to use the Products is subject to the terms of your agreement with JAISPIRIT, and to your understanding of, compliance with, and consent to the following terms and conditions, which JAISPIRIT does not have authority to vary, alter, or amend.
“Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software.
“Device” means each of a computer, workstation, terminal, handheld PC, telephone, pager, personal digital assistant, “smart phone,” server or other electronic device.
“Server Software” means software that provides services or functionality on a computer acting as a server.
“Software Documentation” means any end user document included with server software.
“Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below.
2. OWNERSHIP OF PRODUCTS
The Products are licensed to JAISPIRIT from an affiliate of the Microsoft Corporation (collectively “Microsoft”). All title and intellectual property rights in and to the Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Products) are owned by Microsoft or its suppliers. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you.
3. USE OF CLIENT SOFTWARE
You may use the Client Software installed on your Devices by JAISPIRIT only in accordance with the instructions, and only in connection with the services, provided to you by JAISPIRIT. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during your use of the Client Software.
4. USE OF REDISTRIBUTION SOFTWARE
In connection with the services provided to you by JAISPIRIT, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). YOU MAY NOT USE, COPY, MODIFY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO JAISPIRIT, WHICH TERMS MUST BE PROVIDED TO YOU BY JAISPIRIT. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by JAISPIRIT.
You may not make any copies of the Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by JAISPIRIT; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with JAISPIRIT, upon notice from JAISPIRIT or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Products.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY
You may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
7. NO RENTAL
You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of software services in accordance with the terms of this agreement and any agreement between you and JAISPIRIT.
Without prejudice to any other rights, JAISPIRIT may terminate your rights to use the Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with JAISPIRIT or JAISPIRIT’s agreement with Microsoft under which the Products are licensed, you must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts.
9. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT
ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY JAISPIRIT AND NOT BY MICROSOFT, ITS AFFILIATES OR SUBSIDIARIES.
10. PRODUCT SUPPORT
Any support for the Products is provided to you by JAISPIRIT and is not provided by Microsoft, its affiliates or subsidiaries.
11. NOT FAULT TOLERANT
THE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
12. EXPORT RESTRICTIONS
The Products are subject to U.S. export jurisdiction. JAISPIRIT must comply with all applicable laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/
13. LIABILITY FOR BREACH
In addition to any liability you may have to JAISPIRIT, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
You find the MICROSOFT SERVICES PROVIDER USE RIGHTS under:
GENERAL TERMS AND CONDITIONS (GTC) FOR ‘STUNNING WEBSITES’
1. TERMS OF CONTRACT
The following General Terms and Conditions (GTC) serve as the legal basis for the duration of the contractual relationship between Jaispirit and the Customer and apply to the ‘Stunning Websites’ area.
1.2 General Terms and Conditions
The main goal of Jaispirit is the satisfaction of its customers. Therefore these terms and conditions are the basis of a fair contractual relationship.
The contractual relationship comes into effect when Jaispirit accepts the order or puts it into operation based on the order placed by the Customer. Depending on the product and the Customer, the order can be placed by e-mail, online form, online signature or signed document, or by service reference. By placing an order and using our products and services, the Client accepts these GTC unchanged and in full. The first date of the above events shall be deemed to be the start of the contract.
Jaispirit reserves the right to reject an order.
In addition to the general terms and conditions, the conditions of use and the data protection declaration are also a fixed part of the contract.
Deviations from these terms and conditions are only valid on the basis of a document confirmed by both parties and have no influence on the applicability of the remaining provisions.
2. TERMS OF PAYMENT
In principle, the contractually agreed prices apply. Where no explicit prices have been agreed, the hourly rate of USD 90.00 applies primarily. All prices are quoted in US dollars excluding VAT. Jaispirit reserves the right to adjust prices at any time due to changed circumstances. Quoted prices are generally non-binding.
2.2 Terms of Payment
2.2.1 New customers
The entire invoice amount is due before completion. We expressly reserve the right to demand down payments and to obtain credit information.
2.2.2 Existing customers
Unless special payment periods are agreed upon, existing customers with invoices that are always paid in due time shall have 5 days net from the invoice date. We expressly reserve the right to demand down payments.
2.3 Objections to the invoice
The customer may raise objections to the invoice in writing and with reasons within 5 days of the invoice being issued. If he fails to do so, the invoice shall be deemed to be approved.
2.4 Default of payment
If the customer does not pay on time, he will be in default without a reminder. The offsetting of claims by the customer is excluded. If the Customer has neither paid the invoice by the due date, nor raised objections to it in writing, giving reasons, Jaispirit may interrupt the provision of all services without further notice and/or terminate the contract without notice and without compensation. In this case, the services will only be reactivated after full payment has been received, plus a processing fee of USD 100.00.
A reminder fee of USD 20.00 is owed for each reminder to cover the necessary administrative expenses. Jaispirit reserves the right to transfer the item to a third party for the purpose of collection.
3. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
The Client undertakes to assist Jaispirit and to adhere to the agreed deadlines, so that Jaispirit, in turn, can provide the desired services in the best possible way. Unless otherwise agreed, a maximum project duration of 3 months applies for assignments up to USD 4’000.00, otherwise the services must be invoiced and we reserve the right to charge a surcharge of 20% per additional month for the additional expenditure. The same applies analogously for orders over USD 4’000.00 for a maximum project duration of 6 months.
3.2 Third party rights
The customer is solely responsible for the legal admissibility of the domain name and the contents of his Internet pages and printed matter as well as for the data and contents (texts, electronic data, image data, videos, own creations, etc.) supplied by him, including the search terms or keywords. The same applies to the protection of the rights of third parties, in particular with regard to copyright, competition law and criminal law.
The services and products provided by Jaispirit are to be checked by the Customer immediately upon receipt. Any complaints must be made in writing immediately, at the latest within 5 days. Subsequent complaints cannot be considered.
Delivery dates are generally to be regarded as non-binding. The dates stated correspond to the respective planning status. Jaispirit does not assume any responsibility for possible delays, especially not if these are caused by changes made at the client’s request. Jaispirit is not liable for intangible damages or loss of income or in cases of force majeure.
3.5 Search Engine Placements
Jaispirit does not assure the client of the success of measures taken. The position of a website in search engines depends on numerous factors over which Jaispirit has no influence, so that Jaispirit’s services alone do not necessarily lead to success.
3.6 Browser compatibility
Jaispirit provides web services on the basis of modern and today’s common technologies for desktop screens without a different order. However, depending on the web browser and operating system used, the display may vary. For technologies with a small market share of less than 4% as well as outdated and no longer developed browser versions (such as Internet Explorer), no compatibility guarantee is given.
3.7 Server Setup
The installation of domain name and server is included in the basic price, provided that the hosting provided by the customer has the necessary specifications for our products and services. It is the customer’s responsibility to clarify in advance whether his hosting is compatible with our products and services. Any additional expenditure on our part due to hosting that is not fully compatible will be charged to the customer accordingly.
3.8 Additional work
Work that does not fall within the scope of responsibility of Jaispirit or the catalogue of services applicable to the respective product can be rejected by Jaispirit or invoiced to the Client according to the time and effort required. Examples of such a chargeable service, usually at an hourly rate, could be, among other things, the restoration of a homepage that has been administered by the Customer and has been changed in an undesirable way, or support for the use of the CMS or the resetting of passwords.
The use of Jaispirit’s services, products and software is solely at the risk of the customer. Jaispirit assumes no liability for any damages. Jaispirit does not assume any guarantee for a continuous service and for the transmitted data.
The Customer is solely liable for all accounts, servers, and printed materials used by him and for the contents, links, and actions related to them. The same applies to manuscripts, data carriers and templates handed over to Jaispirit, which are treated by Jaispirit with the usual care, but which are to be secured or insured by the Customer himself. Jaispirit is not liable in the event of delays, interruptions of operations, failure of individual services, data insecurity or loss. Jaispirit is not liable in cases of force majeure.
3.10 Contact addresses
By registering, the customer undertakes to provide correct and complete address details including telephone number and, if available, an e-mail address. The Customer is obliged to notify Jaispirit within 10 days in case of changes of address (contact person, email, postal address, telephone number, VAT number) in order to avoid difficulties in contacting Jaispirit and delays. Jaispirit is not obliged to observe contact data other than the contact data provided to it by the Customer or to carry out its own investigations to correct this data. If the contact data turns out to be incomplete, incorrect, or not up-to-date, and if the identity of the Customer can therefore only be determined with disproportionate effort, or if messages to the Customer cannot be delivered, Jaispirit is entitled to stop providing its services and to legally demand the outstanding amount. Furthermore, Jaispirit is entitled to invoice the Customer for any costs, which arise due to outdated, incomplete or incorrect contact data.
3.11 Data Protection
The client is responsible for maintaining the confidentiality of the website and the associated password. He is also responsible for all actions caused by the fact that the client has given visitors access to his website or has passed on the password, and in this case he is liable for all consequences of the use or misuse of his website or password. The customer agrees that data about his person can be stored and, if necessary, transferred to third parties. This applies in particular to the transmission of data necessary for the registration of a domain name, whereby this data can subsequently be published.
4. RIGHTS AND OBLIGATIONS OF JAISPIRIT
Jaispirit is responsible for the provision of services according to the offer claimed by the client. Jaispirit is free in all matters regarding the type and manner of the environment necessary for these services, for example, domestic and foreign companies or third parties can be called in. Jaispirit is also free to make changes in this respect at its own discretion.
Our WordPress websites are created with so-called design themes. These themes are purchased by Jaispirit and used for the website. Jaispirit is the owner of these themes and gives them to the customer for any use on their website. Themes do not have free updates like WordPress or many plugins. If the Customer wants to update the theme once in the future, an update must be purchased from the respective theme manufacturer.
4.3 Image materials
In case of missing image material, Jaispirit can purchase suitable image material from third parties at the request and expense of the Customer, whereby the image material is only for the specific purpose and limited to the Customer’s company (1 license). Under no circumstances may these images be passed on to third parties. The same applies to fonts and other property rights protected by licence.
Jaispirit is entitled to set a link to the internet presence of Jaispirit as well as a counter-link on all of its clients’ websites and to name the client as a reference. If the Customer explicitly requests it, the naming as a reference and link can be omitted.
The copyrights and related rights to all works created by Jaispirit belong in principle to Jaispirit. Jaispirit can dispose of these rights according to legal regulations. Jaispirit is explicitly entitled to use the codes used for other projects at will.
4.6 Property rights
All work remains the property of Jaispirit until full payment has been received.
Jaispirit reserves the right to adapt the GTC to changing circumstances at any time without notification. Unless otherwise announced, such changes come into force with immediate effect.
4.8 Disabling services
If the Customer fails to comply with an obligation according to Item 3 – whether intentionally, unknowingly, or through third party fault – Jaispirit is entitled to immediately block or remove the relevant account, server, service, content, program, etc. By remedying the grievance, the customer can, if necessary, free himself from the respective sanction. In the event of a serious or repeated breach of an obligation, Jaispirit reserves the right to terminate the contract without notice or compensation, as well as to take legal action against the Customer.
Jaispirit is entitled to send all notifications to the Customer by e-mail, including but not limited to announcements about product innovations or technical maintenance work, invoices, payment reminders, setup or cancellation confirmations, lost access data, etc. If Jaispirit has a contact address that is no longer valid since the Customer’s order, Jaispirit is entitled to make additional queries of entries (administration interface provided by Jaispirit, public WHOIS database for domain names, etc.), with which the contact address can be assigned as uniquely authorized.
4.10 Premature termination
If the Customer wishes to terminate the contract prematurely, despite a valid contract, and if a cooperation is no longer possible due to a lack of support on the part of the Customer, Jaispirit can voluntarily agree to the premature termination of the contract against compensation. Jaispirit can either invoice the effective expenditure or, especially in case of fixed prices without detailed hourly billing, demand a lump sum compensation. The lump-sum compensation of the original order volume amounts to 50% until the start of the project, 75% in the first month after the start of the project and 100% thereafter. The start of the project is considered to be any execution of the order by Jaispirit, which takes place with the confirmation of the order and entails the setup of the test servers and technical infrastructure, as well as the training of all involved project managers, designers and developers.
5. APPLICABLE LAW AND JURISDICTION
Only Thai law is applicable to the present contractual relationship. The courts located in Bangkok shall have the exclusive jurisdiction over the parties in regards to this Agreement.
These Term notifications (except for DPA) are subject to change without notice.
These Term notifications are time stamped by DigiStamp.com.