terms of use

1. DEFINITION

Any term that has already been given a definition in the Service Agreement shall have meaning as defined in the Service Agreement unless specified otherwise in this Telecommunications Services Terms:

“Service Agreement” means the Registered Telecom Service Agreement for Government Enterprise and Corporate Customers published on the Service Provider’s website as of the date of signing this Telecommunications Services Terms and as amended (if any).

“Device” means mobile phone, accessory, spare part, part, signal adapter, spare device and/or any other device as specified in the Quotation.

“Service Request Confirmation” means the document of the User confirming their intention to obtain/buy the various telecom services offered by the Service Provider in the Quotation, which the User has sent to the Service Provider according to the method specified in clause 5 of this Telecommunications Services Terms and shall also means an order, a request for the use and/or a requestvj for change of the service or in relation to the service which including but limited to a request for change the ownership, a request for mobile portability and application for the use of the Telecommunications Services (MNP). The Service Request Confirmation sent by User to the Service Provider, from time to time, shall constitute part of this Telecommunications Services Terms.

“Quotation” means a document issued by the Service Provider to the User from time to time offering the telecommunications services.

2. SERVICE AGREEMENT

The User has read and accepted the terms and conditions of telecom service provider of the registered service provider for Corporate and Government Customers as specified in the Service Agreement, and such Service Agreement shall constitute part of this Telecommunications Services Terms as published in the company’s website https://www.dtac.co.th/contract.html

3. SERVICE TYPE

The Service Provider agrees to provide telecom services and additional services to the User which may include the following services:

Telecom service not including any Device
Telecom service with Device
1. Telecom service with a conditional sale and purchase of a Device
2. Telecom service with a Device lending service
Short Message Service to a destined number as determined by the User
User’s Direct Telephone Connection Service to Mobile Network of Service Provider (E1/SIP)
Application Service
Others, as agreed between the Service Provider and the User

The User shall be bound to the specific terms and conditions of each types of services when serving the Service Request Confirmation pursuant to the methods set forth in clause 5 of this Telecommunications Services Terms.

4. AUTHORIZED PERSON

The User agrees to authorize the persons specified in Part 2 of this Telecommunications Services Terms to serving the Service Request Confirmation, whether a request for use of service, modification of service, including any addition or reduction of service, suspension or termination of service, to the Service Provider. The User shall be bound and responsible for all actions performed by the listed person. If the User wishes to change the list of authorized persons specified in part 2 of this Telecommunications Services Terms, the User shall inform the Service Provider in writing not less than 7 (seven) days in advance.

5. SERVICE ORDER CONFIRMATION

The User may serve the Service Request Confirmation for the Quotation proposed by the Service Provider by any of the following methods:
1. Serving a purchase order to the Service Provider with details of service, including the type of service and promotion details that is intended to be used, the requested effective date, the amount of numbers required, and the billing address. If it is a service pursuant to clause 3.2, the amount, brand, and model of Device must also be specified;
2. Serving an electronic mail (Email) from an Email Account listed in Part 2 of this Telecommunications Services Terms specifying details of service to the Service Provider, including the type of service and promotion details that is intended to be used, the requested effective date, the amount of numbers wanted, and the billing address. If it is a service pursuant to clause 3.2, the amount, brand, and model of Device must also be specified. For avoidance of the doubt, an Email Address must not be or must not be considered in a category of public/free Email Account; or
3. Signing on the Quotation proposed by the Service Provider.
  
  Notwithstanding the above, in order to fulfillment of the Service Request, the service provider may specify the specific/additional document for execution. In this regard, such Service request shall be completed when it contains the signatory of the User or the authorized person(s) specified in Section 2.
  
  The User acknowledges and agrees that each Service Request Confirmation served by the User shall be deemed the acceptance of the User in pricing and service terms and conditions under the relevant Quotation including this Telecommunications Services Terms and the Service Agreement.
Each service shall have a specific period as specified in the relevant Quotation only. The expiration or termination of any of the service will affect only on such service in the relevant Quotation, and shall not affect the validity or existence of other service on any other Quotation in any way.

6. SPECIFIC TERMS AND CONDITIONS OF “TELECOM SERVICE WITH A CONDITIONAL SALE AND PURCHASE OF A DEVICE AND OF TELECOM SERVICE WITH A DEVICE LENDING SERVICE”

The User acknowledges and agrees that during the period of use of the service as specified in the relevant Quotation, the Service Provider allows the User to merely possess and utilize the Device, whereby the ownership in the Device remains the Service Provider’s, which the Service Provider will transfer or may transfer to the User in the following cases:

Ownership and the transfer of ownership in the Device
1. Telecom service with a conditional sale and purchase of a Device
  The Service Provider agrees to transfer the ownership in the Device to the User after the User has paid the Device’s price to the Service Provider in full or in the case where the User accepts the ownership of the Device pursuant to Clause 6.4.
2. Telecom service with a Device lending service
  The User has an obligation to return the Device, in a good and well-functioned condition, to the Service Provider within 15 (fifteen) days from the expiration date of service as specified in the relevant Quotation at the User’s own expense; unless the Service Provider has informed the User that the Service Provider does not wish to take back such Device and agrees to transfer the ownership in the Device to the User or in the case where the User accepts the ownership of the Device pursuant to Clause 6.4.
Conditions of the Device’s usage and maintenance
1. The User must use the Device for its normal business only and will not lease out the Device or provide service to other person.
2. The User must operate the Device in accordance with its normal usage, and will not use the Device in an inappropriate nature or against any applicable law or regulation being enforced at the time.
3. The User must keep the Device in the possession of the User or the User’s dependent only, and must not do anything that affects the right and/or ownership in the Device of the Service Provider.
4. The User must keep the Device with such care as a person of ordinary prudence would take of his own property, including arranging for it to be kept in good condition, and will not modify the Device or do anything that causes or may cause the Device to be damaged or depreciated.
5. In case the Device is damaged for whatsoever reason, the User has an obligation to inform the Service Provider in writing immediately, and deliver the damaged Device to the Service Provider for repair only. The User must be responsible for all expenses incurred from such repair, except where such damage was caused by normal usage, and the Device is still in the warrantee period of the manufacturer. Nonetheless, the Service Provider may deliver backup Device according to the number deemed appropriate by the Service Provider to the User as backup Device during the repair. If, subject to the warranty terms and conditions of the manufacturer, the damaged Device shall be replaced by new Device, the Service Provider reserves the right, based on its sole discretion to provide such new Device that contain the same or similar qualification and/or color to that original damaged Device to the User without a prior notice or agreement from the User in any way.
6. In case a Device is lost or damaged in such a way that it is impossible to be repaired and such loss or damage is caused by the User’s fault, the User shall indemnify the Service Provider the remaining value of such Device calculated pursuant to the formula specified in clause 6.5.
7. The User must facilitate and allow the Service Provider to examine the Device at all time throughout the service period. Nevertheless, the Service Provider will inform the User in advance of at least 7 (seven) days.
The termination of the telecom service with Device before the period specified in the relevant Quotation

The usage of the telecom service with Device, whether in whole or in part, may be terminated prior to the period specified in the relevant Quotation in the following events:
1. The User informs the Service Provider the intention to cancel the Device service, whether in whole or in part, in writing not less than 15 (fifteen) days in advance; or
2. Any party terminates the service due to a breach of the terms and conditions of the Service Agreement, the Quotation and/or this Telecommunications Services Terms by the other party and the latter party fails to rectify such breach within 30 (thirty) days.
In a case where the usage of the telecom service with Device ends before the period specified in the relevant Quotation due to the User’s intention according to clause 6.3 (1) or the User’s default, the User will be liable to the Service Provider as follows:
1. The User shall immediately pay service fees that are due and payable, as well as any damages, to the Service Provider in full; and
2. The User agrees to accept the transfer of ownership in the Device on the expiration date of the Device service. In the case of telecom service with a conditional sale and purchase of a Device, the User has an obligation to pay the remaining price of the Device in full. In case of telecom service with a Device lending service, the User has an obligation to pay the remaining value of the Device calculated in accordance with the formula in clause 6.5 unless the Service Provider agrees at its own discretion otherwise.
Formula

7. TERMS AND CONDITIONS OF “SHORT MESSAGE SERVICE TO A DESTINED NUMBER AS DETERMINED BY THE USER”

“Short message service to a destined number as determined by the User/service for sending short message (Short Message Service or SMS)” means a service of sending any text, data, news, picture, or any other information that the User wishes to send to a recipient in a form of a short message according to methods and channels provided by the Service Provider.
The User has the following obligations;
1. Use the service for the purpose of communication, publication, and giving news and information about the User’s organizatio
2. Obtain a computer and other devices in order to connect to the Internet for communicating with the Service Provider’s Short Message Service Center;
3. Notify the Service Provider’s Short Message Service Center of the message and details wished to be sent from the User’s computer via a website over the Internet, by using the Username and Password that have been specified by the Service Provider to be used for Short Message Service via the website;
4. Request to register sender name to the Service Provider before start using of the service and/or every time when willing to change the sender name. Provided however that the Service Provider reserves the right to accept such request in suitable reason.
5. Specify the sender name in all SMS which to be sent to the recipient.
6. Send short message at an appropriate time and frequency or in a non-disturbing nature to the recipient;
7. Not use Short Message Service in ways that contradict to the Service Provider’s benefits, or against public order or good morals, state policy, or any law. In addition to the foregoing, the user shall use the Short Message Service in conformity with the applicable laws, rules, regulations and/or order relating to or in connection with the use of the Short Message Service;
8. Must not prepare, use, send, try to send, nor be involved in and/or support the sending of SMS or any information in the manner of a spam message on mobile whether with or without charging;
  “Spam message on mobile” is the sending of short messages in a profiteering manner and/or causing nuisance of a large number of recipients, irrespective whether the recipient reply to such messages and/or whether there is any charging involved.
If the User breaches the terms under clauses 7.2 (1), (4), (5), and (6), the Service Provider may suspend or cancel the service, and/or may demand that the User be responsible for any damages or fine caused by such violation.
The User agrees that in sending each short message, the maximum length (including letters and spaces) must not exceed 160 (one-hundred and sixty) characters for an English-only message, and 70 (seventy) letters for a Thai-only message.

In case of sending a message with mixed Thai and English characters, the rule in calculating the maximum length shall be the Thai-only-message rule.
The Service Provider will charge additional fee according to the number of characters exceeding the limit.
A short message sent will be counted once the Short Message Service Center has confirmed that the destined mobile phone has already received such message.
The User acknowledges that in sending each short message, the recipient may not receive the short message that the Short Message Service Center has sent out. However, the User can examine the records of Short Message Service recorded by the Service Provider by informing the Service Provider in writing not less than 7 (seven) days in advance.
The usage of Short Message Service may terminate before the period specified in the relevant Quotation in the following events:
1. The User informs the Service Provider the intention to cancel the Device service, whether in whole or in part, in writing not less than 15 (fifteen) days in advance; or
2. Any party terminates the service due to a breach of the terms and conditions of the Service Agreement, the Quotation and/or this Telecommunications Services Terms by the other party and the latter party fails to rectify such breach within 30 (thirty) days.
3. An occurrence of any event pursuant to clause 7.2 (1), (4), (5), and (6)

8. TERMS AND CONDITIONS OF USSD SERVICES

“USSD (Unstructured Supplementary Service Data) services means receiving and/or sending message using Data Access Channel through USSD message center of Service Provider. The message that was sent out will appear on the mobile device of the recipient number temporarily (Flash Message) without being stored in the device, and will be deleted immediately and automatically when other functions of the mobile device is used.

“USSD message reception service” means message reception service from mobile device of Service Provider’s subscribers for the benefit of the User to mobile device user.

“USSD message sending service” means message sending service from User through USSD message center of Service Provider to the recipient number specified by User.
The User has the following obligations;
1. Use the service for the purpose of communication, publication, and giving news and information about the User’s organization;
2. Obtain a computer and other devices in order to connect to the Internet for communicating with USSD message center;
3. Determine the format of USSD message to be received and/or sent via USSD service, and notify Service Provider every time there is any amendment or change to the format of such message;
4. Contact USSD message center from the User’s computer via a website over the Internet, by using the Username and Password that have been specified by the Service Provider;
5. Send USSD message at an appropriate time and frequency or in a non-disturbing nature to the recipient;
6. Not use USSD service (receiving and/or sending USSD message service) in the manner that is conflicting with Service Provider’s interest, or against public order or good moral, state policy, or any law;
7. Must not prepare, use, send, try to send, nor be involved in and/or support the sending of SMS or any information in the manner of a spam message on mobile whether free or not;
  
  “Spam message on mobile” is the sending of short messages in a profiteering manner and/or causing nuisance of a large number of recipients, irrespective whether the recipient reply to such messages and/or whether there is any charging involved.
If the User breaches the terms under clauses 8.2 (1), (5), (6), and (7), the Service Provider may suspend or cancel the service, and/or may demand that the User be responsible for any damages or fine caused by such violation.
The User agrees that in receiving each USSD message, the maximum length including ‡ and # must not exceed 20 (twenty) characters.
The User acknowledges that in sending each USSD message, the recipient may not receive the USSD message that the USSD Message Service Center has sent out. However, the User can examine the records of USSD Message Service recorded by the Service Provider by informing in writing not less than 7 (seven) days in advance.
The usage of USSD Message Service may terminate before the period specified in the relevant Quotation in the following events:
1. The User informs the Service Provider the intention to cancel the Device service, whether in whole or in part, in writing not less than 15 (fifteen) days in advance; or
2. Any party terminates the service due to a breach of the terms and conditions of the Service Agreement, the Quotation and/or this Telecommunications Services Terms by the other party and the latter party fails to rectify such breach within 30 (thirty) days.
3. An occurrence of any event pursuant to clause 8.2 (1), (5), (6), or (7)

9. TERMS AND CONDITIONS OF USER’S DIRECT TELEPHONE CONNECTION SERVICE TO MOBILE NETWORK OF SERVICE PROVIDER (E1/SIP)

“User’s Direct Telephone Connection Service to Mobile Network of Service Provider (E1/SIP)” means the direct connection service between User’s telephone system to the Service Provider’s mobile network through PABX/IP-PABX
User has the following duties:
1. Provide PABX/IP-PABX and other necessary equipment to connect between signal connection device and the Service Provider’s mobile network at User’s own expense.
  
  The Service Provider agrees to provide link and connecting device for the User to install and link with PABX/IP-PABX without any additional charge to User, except for any termination of E1 service ends before the period specified in the relevant Quotation due to user’s fault;
  
  Upon termination of E1 service, the User agrees to return the link and connecting device, provided by Service Provider, to Service Provider in good condition, and agrees to facilitate Service Provider in removing such link and connecting device;
2. Determine location for installation and number of link to support the service;
3. Use the service for the objective of personal communication between mobile phone to fixed line telephone and/or mobile phone though voice channel, in both cases of outgoing and/or incoming calls;
4. Not determine Caller Line Identity (CLI) from telecom number of other person other than telecom number of service provider;
5. Not utilize the service for business interest that is conflicting with Service Provider’s interest, or communication with any third party commercially, enter into internet service, in the manner that is against the law, or against public moral or good moral, state policy, or any law; and
6. Must not prepare, use, send, try to send, nor be involved in and/or support the sending of voice or any information in the manner of a spam message on mobile whether free or not;
  
  “Spam message on mobile” is the sending of voice messages in a profiteering manner and/or causing nuisance of a large number of recipients, irrespective whether the recipient reply to such voice messages and/or whether there is any charging involved.
If the User breaches the terms under clauses 9.2 (3), (4) or (5), the Service Provider may suspend or cancel the service, and/or may demand that the User be responsible for any damages or fine caused by such a violation.
E1 Service may be terminated before the period specified in the relevant Quotation in the following events:
1. The User informs the Service Provider the intention to cancel the Device service, whether in whole or in part, in writing not less than 15 (fifteen) days in advance;
2. Any party terminates the service due to a breach of the terms and conditions of the Service Agreement, the Quotation and/or this Telecommunications Services Terms by the other party and the latter party fails to rectify such breach within 30 (thirty) days; or
3. An occurrence of any event pursuant to clause 9.2 (3), (4) or, (5).
In case E1 service ends before the period specified in the Quotation due to User’s fault, the User agrees to pay installation fee and link rental fee and various circuit connecting device to the User in the amount equals to “minimum service fee” according to the remaining period.

10. TERMS AND CONDITIONS OF APPLICATION SERVICE

“Application Service” means the provision of various applications to be used with the mobile telephone number of the Service Provider according to the details specified in the relevant Quotation and/or website of the Service Provider.

“Telecom Service with Device” means telecom service with a conditional sale and purchase of a Device and/or telecom service with a Device lending service.
The User has the following obligations:
1. Use the service for the purpose of communication, publication, giving news and information about the User’s organization or supporting the User’s business;
2. Use the service together with mobile telephone number of the Service Provider;
3. Not use the service for the purpose of wholesale or reselling;
4. Not use the service in ways that contradict to the Service Provider’s benefits, or against public order or good morals, state policy, or any law;
5. In case of using the service with Telecom Service with Device, the User has an obligation to comply with the terms and conditions specified in clause 6 of this Telecommunications Services Terms.
Service Guarantee

The Service Provider does not guarantee the quality of the Application Service in the following cases:
1. In case of usage that exceeds to the service fee credit limit that the User agreed with the Service Provider;
2. The User fails to make payment for the service fee for two consecutive payment periods whereby a specific due date has been notified by the Service Provider to the User in advance and the Service Provider has made a demand to the User to make such payment within a 30-day period and the User fails to do so after the lapse of such period;
3. Any service disruption caused by a lack of mobile signal or weak signal in any area; and
4. Any service disruption caused by any Device, including without limitation, any damage, defect, loss or failure of any Device.
The Application Service may be terminated before the period specified in the relevant Quotation in the following events:
1. The User informs the Service Provider the intention to cancel the service, whether in whole or in part, in writing not less than 15 (fifteen) days in advance;
2. Any party terminates the service due to a breach of the terms and conditions of the Service Agreement, the Quotation and/or this Telecommunications Services Terms by the other party and the latter party fails to rectify such breach within 30 (thirty) days; or
3. The User breaches any obligation of clause 10.2.
In case where the Application Service ends before the period specified in the relevant Quotation due to the User’s intention according to faults in clause 10.4 (1) or the User’s fault, the User agrees to compensate the Service Provider for the preparation or arrangement cost of the Application Service in the amount equal to the monthly fee for the remaining service period as specified in the relevant Quotation. For the purpose of calculating of the preparation or arrangement cost under this paragraph, any incomplete month shall be calculated as full month.

11. TERMS AND CONDITIONS OF M2M SOLUTION SERVICE

“M2M Solution means the provisions of data transmission and communication between machine to machine or machine to computer on the network along with the additional service according to the details specified in the relevant Quotation and/or website of the Service Provider.
The User has the following obligations:
1. Use the service for the purpose of communication, publication, giving news and information about the User’s organization or supporting the User’s business;
2. Use the service together with mobile telephone number of the Service Provider;
3. Not use the service for the purpose of wholesale or reselling
4. Not use the service in ways that contradict to the Service Provider’s benefits, or against public order or good morals, state policy, or any law;
Service Guarantee

The Service Provider does not guarantee the quality of the M2M Solution Service in the following cases:
1. In case of usage that exceeds to the .service fee credit limit that the User agreed with the Service Provider;
2. The User fails to make payment for the service fee for two consecutive payment periods whereby a specific due date has been notified by the Service Provider to the User in advance and the Service Provider has made a demand to the User to make such payment within a 30-day period and the User fails to do so after the lapse of such period;
3. Any service disruption caused by a lack of mobile signal or weak signal in any area; and
4. Any service disruption caused by the User’s machine, computer and/or network, including without limitation, any damage, defect, loss or failure.
The M2M Solution Service may be terminated before the period specified in the relevant Quotation in the following events:
1. The User informs the Service Provider the intention to cancel the service, whether in whole or in part, in writing not less than 15 (fifteen) days in advance;
2. Any party terminates the service due to a breach of the terms and conditions of the Service Agreement, the Quotation and/or this Telecommunications Services Terms by the other party and the latter party fails to rectify such breach within 30 (thirty) days; or
3. The User breaches any obligation of clause 11.2.
In case where the Application Service ends before the period specified in the relevant Quotation due to the User’s intention according to faults in clause 11.5 (1) or the User’s fault, the User agrees to compensate the Service Provider for the preparation or arrangement cost of the Application Service in the amount equal to the monthly fee for the remaining service period as specified in the relevant Quotation. For the purpose of calculating of the preparation or arrangement cost under this paragraph, any incomplete month shall be calculated as full month.

12. EFFECTIVENESS

This Telecommunications Services Terms shall affect to all services that have been requested and confirmed by the User pursuant to the confirmation method specified in this Telecommunications Services Terms.
Any cancellation, suspension, or expiration of service shall affect only to the Quotation relevant to such services and will not affect the validity of any other Quotation. This Telecommunications Services Terms will end immediately when the Service Agreement ends.
This Telecommunications Services Terms shall form part of the Service Agreement. In the event of inconsistency between the terms and conditions of this Telecommunications Services Terms and the Service Agreement, the parties agree that the terms and conditions of this Telecommunications Service Terms shall prevail.

13. TERMS AND CONDITIONS FOR THE APPOINTMENT WITHHOLDING TAX AGENT

In the appointment of True Move H Universal Communication Co., Ltd. (“TUC”) to be a withholding tax agent on behalf of the company/limited partnership for assessable income under Section 40 of the Revenue Code in relating to telecommunication service fees and other service fees, TUC would like to inform you that we will deduct and remit withholding tax according to the above items on your behalf at the rate required by law, which shall be effective for the payment of service fees from February 1, 2020 onwards, or from the date the company’s appointment as the withholding tax agent, and would like to notify detail of the operation as follows;

Receipts or tax invoices issued by TUC, which contain withholding tax items, will be added with the following statement: "True Move H Universal Communication Co., Ltd. has deducted withholding tax at the rate of ... percent, which is totaled to... baht on behalf of the tax payer, which shall be remitted to the Revenue Department within the required period for withholding tax payment."
To certify that TUC has already deducted withholding tax on your behalf, The Revenue Department allows you to use receipt or tax invoice with the statement in clause 1 as a proof of your withholding tax deduction.
You are not required to issue a withholding tax certificate in order to request a refund from TUC starting from the service fee payment of the invoice from February 1, 2020 onwards, or from the date TUC’s appointment as the withholding tax agent.

14. OTHER TERMS

Any modification of the terms of this Telecommunications Services Terms shall be made in writing and signed by both parties.
The fact that either party does not exercise its right, or delay in exercising its right shall not be deemed as waiver of such right. The fact that either party exercises part of its right, or waives its right in an issue or at a time shall also not be deemed as a waiver of its right in other issues or at another time.
A document relating to this Telecommunication Services Terms to be sent to the Service Provider under this Telecom Services Terms shall be sent to salesperson or representative of the Service Provider to the address of the Service Provider or via an electronic mail to the email address of the Service Provider which will be notified to the User later on.
A document relating to this Telecommunications Services Terms to be sent to the User, shall be sent to the User according to the address specified in the first page of this Telecommunications Services Terms and/or via electronic mail to the to the email address specified by the user on the first page of this Telecommunications Services Terms.

15. TERMS AND CONDITIONS FOR DTAC MOBILE CARE SERVICE

Terms and Conditions for dtac Mobile Care Service

Mobile Care Service for smartphone screen only or both device and screen

Terms and conditions for dtac Mobile Care Service

“Service” means part replacement service and checkup service for registered device according to the scope of service in Clause 2;

“Registered Device” means a mobile phone, tablet or smart watch registered for the service;

“Service Fee” means service fee charged to User;

“Service Provider” means dtac TriNet Company Limited;

“User” means a customer subscribed for the service;

“Service Agent” means a person assigned by Service Provider to provide the service under this Agreement to Sunday Ins Co., Ltd.;

Service Period
dtac Mobile Care Service is valid for a period of 12 (twelve) months from the date that user subscribes for the service from the service provider via channel and method specified by the service provider.

The service will be terminated in the following cases:
1. User notifies the service provider to terminate the service according to the method specified by the service provider. User may terminate the subscribed service at any time with effect in the next monthly billing cycle; or
2. Service provider is unable to collect service fee from user;
Scope of Service
The service provider agrees to provide the service to user through the service provider’s operation under the following scope of service:
1. Registered device part replacement service
  Screen Care Package: This package covers registered device checkup service in case of malfunction or part and screen replacement. Service fee is as specified by the service provider on the date of service subscription.
  
  Screen and Device Care Package: This package covers registered device checkup service in case of malfunction and part replacement (screen, camera, mainboard, back cover). Service fee rates are as specified by the service provider on the date of service subscription.
2. Registered device checkup service
  1. Registered device pick-up and delivery service at home or at work (door-to-door);
  2. Registered device checkup service in case of malfunction;
  3. Registered device forwarding service to assigned agent or the manufacturer's service center for malfunction checkup;
  4. Backup device service while the registered device is being serviced with the same operating system, the same or similar brand and model to the registered device.
    
    In the event that user uses dtac Mobile Care Service while user’s registered device is under the warranty period or within the coverage from the manufacturer, the service agent will proceed to claim those benefits on behalf of the service user for user’s convenience.
Service Eligibility
1. This add-on package is for corporate customers only.
2. The company reserves the right to terminate and/or change the terms and conditions without notice.
3. User may use the service once per device throughout the agreement period.
Services beyond the scope of dtac Mobile Care Service
1. In the event that the registered device has been modified by a technician who is not an authorized representative or the manufacturer's service center before using the service, which will result in the manufacturer's service center refusing the provide the service.
How to use checkup and/or part replacement service?
In order to use registered device checkup and part replacement service (if necessary), user must perform the following steps:
1. Call the service provider at 02-026-3355 to request to user dtac Mobile Care Service for registered device checkup.
2. User must inform the following details to the service provider’s call center:
  1. Mobile number registered with the service provider
  2. Registered device’s IMEI Number
  3. Describe the device’s issue
  4. Contact name and mobile number
    The service provider's call center will verify the user's privileges in the system and notify the user at the user’s contact number in the event that the user is eligible to use such service or not.
3. After the service agent has been notified by the user, the service agent’s team will collect information and contact the user.
  1. In case the request is made during business hours (Monday to Friday from 9:00 AM to 6:00 PM, except public holidays), the team will make an appointment for a staff pick up the registered device immediately and deliver a backup device during the repair along with picking up the registered device for checkup at the appointed location within 4 hours after receiving a request for users in Bangkok and metropolitan areas. (For upcountry areas, the device pickup staff will be able to pick up the registered device on the next business day.)
  2. In case of outside business hours (Monday to Friday from 9:00 AM to 6:00 PM, except public holidays), the team will make an appointment to pick up the device on the next business day during the business hours. The staff will deliver a backup device to user as temporary replacement device during repair and pick up the registered device for checkup.
    
    In any case in clause 6.3.1 and 6.3.2, if the service agent is unable to contact the customer after 3 attempts in 3 days after receiving a notification, the service agent will close the request for the time being and the user must contact to make a request again. This will not be considered as a delayed contact by the service agent.
    
    However, the user needs to have the registered device available prior to device pickup by the service agent as follows:
    - Turn off tracking functions such as Find My iPhone;
    - Turn off locking functions such as fingerprints, passwords and facial recognition;
    - Back up the data on the device;
    - Remove other accessories such as headphones, batteries, cases, pens, SIM card, and memory card from the device;
    - The user agrees to present identification card or any other official documents to the staff and agrees to allow the staff to verify the device’s IMEI number to ensure that it matches with the registered information when the device is picked up or delivered.
      In any case, the service agent is not responsible for any damage or loss of any other devices that the user has been notified to remove before sending the device for repair.
4. On the appointment date, the pick-up staff will call the user to make an appointment and reconfirm with the user before making a trip to pick up the device.
5. At the meeting location, the staff will deliver the backup device to the user and pick up the registered device from the user after the procedures in clause 6.3.3 has been completed. The staff will provide the user with an envelope with an address already filled in by the service agent.
  
  (Note: The staff will be available to provide the service for only 15 minutes. Please have the registered device ready before the appointment.)
6. When the service agent’s staff has verified in the system and found that the user has already received a backup device during the repair, the team will call to confirm that the user has received the backup device. Conversation during the call will be recorded as evidence.
7. The registered device will be returned to the service agent’s head office to be forwarded to specialist technicians at the manufacturer's service center for checkup as requested by the user.
8. After the manufacturer's service center has completed the registered device checkup:
  1. If the problem is caused by the manufacturer and if the registered device is still within the manufacturer's warranty period, the manufacturer will repair the registered device for the user under the manufacturer's warranty.
  2. If the problem is caused by the user, the manufacturer's technician will perform the repair as requested. (Additional charges may apply)
  3. In the event that the device needs to be replaced, such as a cracked screen The front camera or the back camera is cracked. The machine was submerged in water until the motherboard was damaged. The user will receive the replacement of equipment parts according to the package that the user has selected.
    
    - In the case that such spare parts are not within the scope of service according to the service package that the subscriber has applied for. The team will contact the service provider to make the actual payment for spare parts. before performing repairs In the event that the user does not agree to pay for such spare parts The team will notify the termination of service. and make an appointment to return the registered device to the user in the next step During the repair operation, the team of service providers will closely monitor the status and update the progress to the service users periodically
  4. In the event that the device needs to be replaced, such as cracked screen, front or rear camera, damaged mainboard due to device has been submerged in water, parts will be replaced according to the package that the user has chosen.
    
    - In the case that such spare parts are not within the scope of service of the package subscribed by the user, the team will contact the user to pay for the actual parts to be replaced before performing repairs. In the event that the user does not agree to pay for such spare parts, the team will notify the termination of service, and make an appointment to return the registered device to the user. During the repair operation, the team of service agent will closely monitor the status and update the progress to the user periodically.
9. After the service center has completed repairing the registered machine, the service agent will send a staff to retrieve the registered device from the service center.
10. After the service agent has retrieved the registered device from the center, the team will make an appointment with the user to return the registered device and retrieve the backup device from the user.
11. On the appointment date, the pick-up staff will call to confirm with the user before making the trip.
12. At the appointment location, the staff will return the registered device to the user and retrieve the backup device from the user after completing the process in clause 6.3.3. The staff will give a padded envelope, provided by the service agent, to the user.
  
  (Note: The staff will be available to provide the service for only 15 minutes. Please have the backup device ready before the appointment.)
13. When the staff of the service agent found in the system that the user has already received the registered device, the staff will call to confirm that the registered device has been returned. The conversation during the call will be recorded as evidence.
14. The service agent staff will be close the case after confirmation and register in the system that the user has already exercised his/her privilege once.
15. In the event that the service agent is unable to pick up or deliver the backup device within the period specified above, the service provider will pay the compensation for delay in cash or other vouchers of equivalent value on a daily basis at the rate of 100 baht per day.
16. Duration of screen replacement service generally takes no more than 15 working days, depending on the availability of spare parts. If the service center does not have such spare parts, which needs to be ordered, the process may be longer. The service agent will follow up and notify the user of the progress periodically.
Conditions for using the backup device during the service
1. Backup device is the property of the service agent. User must use it with caution and must not perform any action that will cause damage to the device, such as putting stickers or foreign objects on the device, including must not modify or change device hardware. And, user must not sell the device to third parties.
  
  If the returned backup device is malfunction in the following cases, the company will impose a fine on the user:
  
  - In the event that the backup device is malfunction and it can be proven that a modification has been done by the user, the user must pay a fine for the value of the backup device model, or equivalent, as of the date the malfunction is detected.
2. In the event that a user sells the backup device or loses the backup device, the user must pay a fine for the value of the device of such model or equivalent.
3. User should be aware that there may be loss of data, images, applications installed on the registered device after checkup or replacing the spare parts. The user is responsible for completing the backup before using the service every time, and may not claim any compensation from the Company in such case.
4. Accessories or any other device installed on the registered device may be removed from the registered device. And, service agent will not be able to return such items to the user, such as protective film attached to the screen, stickers attached to the device, etc.
5. Please cooperate with the staff in answering any necessary questions and providing complete and accurate information to facilitate the service provided to user.
6. In making an appointment to pick up the device with the staff to pick up – deliver the device every time, the user should be at the location of the appointment and prepare to answer the call from the staff in case the location cannot be found. If the staff arrives at the appointment location and cannot find the user, the staff will contact the user again. If the user fails to meet with the staff as scheduled, the service agent will order the staff perform one more pickup and delivery at no additional cost. If the user still fails to meet with the staff again, there will be a cost of re-delivery of 100 baht per delivery.
  
  In the event that the staff fails to deliver at the scheduled time with more than 1 hour delay and fails to locate the user, a redelivery will not incur any additional fines.
  
  (Note: The staff will be with the user for no more than 15 minutes. Please prepare the device and have it ready before the appointment.)
7. Service agent will send a staff to pick-up the device at the appointment location; only at user’s home address or work address. Any other public areas such as shops, restaurants, department stores, shopping malls, parks, and parking lots cannot be used as an appointment location.
8. If the user provides incorrect information or has an intention to commit fraud, service agent has the right to cancel or refuse to provide the service to the user without prior notice.
9. dtac Mobile Care Service cannot be swapped, changed or exchanged for money or other items or prizes.
Submitting Complaints and Feedback
If you have any issues or queries about the service, please contact us at 02-026-3355.

Or send your questions to the email: devicecare@easysunday.com
Mail to (Service Agent)
Sunday Ins Co., Ltd.
100/25 Sathorn Nakorn Tower, 16th Floor, North Sathorn Road,
Silom, Bangrak, Bangkok 10500
Channels to terminate the service
There are 3 channels to terminate the service:
1. Dial *437*99# and press call;
2. Contact dtac Call Center 1678 (3 baht per call);
3. dtac Service Hall
There are 2 channels for checking the usage of dtac Mobile Care service:
1. Dial *437*2# and press call;
2. Website: https://easysunday.com/mobilecare/checkimei
Privacy Policy
http://www.dtac.co.th/mobilecare/PrivacyNotice2019Thai23072019.pdf

16. TERMS AND CONDITIONS OF DTAC ONECALL (DTAC VPBX) SERVICE

“The dtac OneCall (dtac VPBX) Service” means solution of communication platform simulating PBX system by applying cloud technology. To activate the service, it is used with the mobile telephone number of the Service Provider according to the details specified in the relevant Quotation and/or website of the Service Provider.

The User has the following obligations;

Use the service for the purpose of communication, publication, giving news and information about the User's organization or supporting the User's business;
Use the service together with mobile telephone number of the Service Provider;
Use the service for the objective of personal communication between mobile phone to fixed line telephone and/or mobile phone though voice channel, in both cases of outgoing and/or incoming calls;
Use the service together with mobile telephone numbers of the Service Provider consisting of 2 types of number which are 1 Main Number and given User Numbers. Each type of number must be activated with other services as follows (unless the Service Provider agrees at its own discretion otherwise):
1. Main Number will consist of
  - Mobile telephone number of the Service Provider with airtime package plus dtac OneCall or dtac VPBX package
  - Annual license fee (12 months) of the dtac OneCall (dtac VPBX) Service for Main Number which having the communication between mobile phone at the same times according to telephone lines as registered in the system. with.
2. User number will consist of
  - Mobile telephone number of the Service Provider with airtime package plus dtac OneCall or dtac VPBX package
  - Annual license fee (12 months) of the dtac OneCall (dtac VPBX) Service for User Number
To activate the dtac OneCall (dtac VPBX) Service, the User must pay for the service fee of voice record, call flow set-up or adjustment, or network configuration as specified in the relevant Quotation unless the Service Provider agrees at its own discretion otherwise.
In the event the User would like to use any supplemental services with the dtac OneCall (dtac VPBX) Service, the User can order and pay for additional services as specified in the relevant Quotation unless the Service Provider will indicate otherwise.
Service Request Confirmation (including open or adjust the service) can be proceeded as specified in clause 5. The User who requests the dtac OneCall (dtac VPBX) Service must sign off the quotation to confirm receiving the service in the Quotation as proposed by the Service Provider, including Checklist form indicating the details of service usage, and other related forms.
The dtac OneCall (dtac VPBX) Service, together with any privilege of these service provided for promotional campaign under this Service are solely limited for business communication of the User. The User must not utilize the service for business interest that is conflicting with Service Provider’s interest, or communication with any third party commercially, or other misuse, including the use for Voice over IP (VoIP), and enter into internet service in the manner that is against the law, or against public moral or good moral, state policy, or any law; otherwise, the Service Provider reserves the right to suspend or terminate the service or any privilege of this service. , The User’s service fee will be charged at normal rate based on an amount of actual usage in each billing cycle.
The User must not prepare, use, send, try to send, nor be involved in and/or support the sending of voice or any information in the manner of a spam message on mobile whether free or not;

“Spam message on mobile” is the sending of voice messages at the same times that cause nuisance to the recipients which are deceptive or propagandize texts to many recipients, irrespective whether the recipient will repl to such voice messages and/or whether there is any service charging involved.
Service Guarantee

The Service Provider does not guarantee the quality of the dtac OneCall (dtac VPBX) Service in the following cases:
1. In case of usage that exceeds to the service fee credit limit that the User agreed with the Service Provider;
2. Any service disruption caused by a lack of mobile signal or weak signal in any area;
3. Any service disruption caused by application used with the dtac OneCall (dtac VPBX) Service.
The dtac OneCall (dtac VPBX) Service may be terminated before the period specified in the relevant Quotation in the following events:
1. The User informs the Service Provider the intention to cancel the service, whether in whole or in part, in writing not less than 30 (thirty) days in advance;
2. Any party terminates the service due to a breach of the terms and conditions of the Service Agreement, the Quotation and/or this Telecommunications Services Terms by the other party and that party fails to rectify such breach within 30 (thirty) days. However, the Service Provider has the right to suspend or terminate the service immediately without prior notice if there is violation of law.
The User breaches any obligation of dtac OneCall or dtac VPBX clause, the Service Provider will perform as follows.
1. In case where the User terminates the dtac OneCall (dtac VPBX) Service ends before the period specified in the relevant Quotation due to the User’s intention a in clause 12.3 or the User’s fault, the User agrees to compensate the Service Provider for the preparation or arrangement cost of the service in the amount equal to the monthly fee for the remaining service period as specified in the relevant Quotation. The User has an obligation to pay the remaining value of license fee of the service calculated in accordance with the formula in clause 12.3 For the purpose of calculating of the preparation or arrangement cost under this paragraph, any incomplete month shall be calculated as full month unless the Service Provider agrees at its own discretion otherwise.
2. The User fails to make payment for the service fee for two consecutive payment periods whereby a specific due date has been notified by the Service Provider to the User in advance and the Service Provider has made a demand to the User to make such payment within a 30-day period and the User fails to do so after the lapse of such period. The User has an obligation to pay the remaining value of license fee of the service calculated in accordance with the formula in clause 12.3 for the purpose of calculating of the preparation or arrangement cost under this paragraph. Any incomplete month shall be calculated as full month unless the Service Provider agrees at its own discretion otherwise.
3. Remaining value of license fee of dtac VPBX = (number of months of total service period as specified in the Quotation – number of months that already used service) x monthly license fee of the service

17. TERMS AND CONDITIONS OF INTERNET FREE INSURANCE

The service fee of the internet add-on package does not include VAT.
One number may apply for an internet add-on package only once.
For the benefit of receiving free insurance eligibility under this add-on package, user consents that the company may use and disclose the user’s mobile number to an insurance company.
For the benefit of receiving free insurance eligibility under this add-on package, user consents that the company may use and disclose the user’s mobile number to an insurance company.
This privilege is for corporate customers only.
For internet add-on packages, when the internet is used up as specified, user will be charged according to the main package.
This privilege is for dtac’s postpaid users who have no outstanding balance, no suspend status in any case, and are applicants in one time paid package.
Eligibility for health insurance is as specified by the insurance company.
The user agrees to provide information of the national ID card number or the identification number of non-Thai nationality (indicated on the pink card) and other information required in full, directly to the insurance company to receive health insurance benefits under the conditions of the coverage as specified. The user may study the conditions of coverage, health insurance coverage claim at https://static.easysunday.com/dtac/T%26C_SME_HEALTH.pdf
The user agrees to claim benefits and/or compensation according to your eligibility directly from the insurance company, and agrees and acknowledges that dtac is the provider of privileges under this project only. And, dtac is not involved in the payment or consideration of the benefits and/or compensation under this health insurance benefit to the user in any way.
The company reserves the right not to refund for the add-on package in any case.
Other conditions shall be as specified by the company. And, the company reserves the right to cancel and/or change the conditions without notice.

18. TERMS AND CONDITIONS FOR GOOGLE WORKSPACE SERVICES

By signing or accepting the Service Order (in the manner as we have determined) for Google Workspace Services (“Google Services”), the Customer is deemed to acknowledge and agree to be bound by all these terms and conditions as set out in this Terms and Conditions and Service Order Form which together forms the entire agreement between the Company and the Customer.

TERMS OF SERVICE

The Customer understands and agrees that the Company is not the provider of the Google Services, but a reseller of the Google Services. The Company is not responsible for the operation or performance of Google Services. The Company does not make any representations or warranties with respect to the Google Services. The Google Services and all intellectual property rights relating to the Google Services are and shall remain the exclusive property of Google.
CUSTOMER’S RIGHT TO USE THE SERVICE
1. General
  1. Subject to the Customer’s payment of the applicable fees and under the terms of this Agreement, the Company will provide the Customer access to Google Services for the number of licenses pursuant to the Service Order between the Customer and the Company.
  2. The Customer acknowledges that the use of the Google Services is subject to the acceptance of terms and conditions of the Google Workspace Terms, https://workspace.google.com/terms/premier_terms.html, or such other URL as Google may provide. (hereinafter called “Google TOS”).
  3. The Customer shall use the Google Services and provide that all End Users use the Google Services in compliance with the Google TOS. The Customer further acknowledges that Google may change the features of any Google Services during the period of license and the Customer accepts such changes as part of the Agreement.
  4. The Customer acknowledges and agrees that the migration of any and all data to the Google Service shall be carried out by the Customer. The Customer may, however, employ the migration service from the service provided recommended by the Company. In this regard, the Customer agrees to directly appoint such service provider to be its authorized in serving the data migration services. For the avoidance of doubt, the data migration service is between the Customer its authorized service provider (agent) and as between the Company and the Customer, the Company acts merely as a facilitator and is not involved in such data migration transactions in any respect.
2. Restriction on Use of Google Services
  1. The Customer shall use the Google Services only for its own internal business purposes. Except as expressly permitted in the Agreement, the Customer will not: (a) resell or supply the Google Services to any third party who will resell, distribute, supply, lease, or allow another third party to use the Google Services; (b) use the Google Services for any purpose other than to use the Google Services as permitted hereunder; or (c) adapt, alter, modify, decompile, translate, disassemble, or reverse engineer any Google Services or any part thereof.
  2. Within the Term of the Agreement the Customer shall not buy Google Services from other resellers or from Google directly.
DOMAIN SERVICE
1. In addition to the Google Services subscribed herein, the Customer may subscribe for Domain Service
  (few selected TLDs) with the Company based on the offer made by the Company through the Service Order issued by the Company. However, Domain Service must strictly apply to the Google Services Subscription Program and must be subject to the fee specified in the relevant Service Order.
2. The Customer is aware of and agrees that using a particular service from Premium Category as presented in Product Catalogue (“Premium Domain”) will incur an additional cost to the Customer. With respect to this, the Company will charge such fee with the Customer on a yearly basis (prepayment). The service fee of Premium Domain must be firstly paid by the Customer when the Domain Service has been subscribed with the Company.
3. The provision under Clause 3 herein does not impact to the domain subscribed by the Customer with other domain service provider which the Customer may be responsible for the cost incurred in connection with such service.
INVOICING AND PAYMENT OF USING SERVICES
1. The Customer shall pay the Company the applicable service fees as set forth in the Service Order issued by the Company and accepted by the Customer. Unless otherwise set forth on such Service Order, fees shall be payable within thirty (30) days after the date of Company’s invoice.
2. If the Customer fails to meet the deadline for payment indicated in the invoice, the Customer will pay a late payment charge on due amounts at the rate 18% per annum calculated for each day of default until full settlement. The Customer shall be responsible for all reasonable costs and an attorneys’ fee incurred by the Company in the collection of any overdue amount.
TERM, TERMINATION AND SUSPENSION OF SERVICES
1. Term
  1. The subscription to the Google Services will be effective as of the earlier of: (a) the date Customer accepts the Service Order, or (b) the date the Customer first accesses or uses the Services and will continue in force pursuant to the term set forth in the Service Order (the “Contractual Period”), unless and until terminated as provided in this Agreement.
  2. In the event that the Customer subscribes both Google Services and Domain Service under Contractual Term, the initial term of the Services will be in accordance with the term of Contract Period set forth in the Service Order (the “Initial Term”). Upon expiration the Initial Term, the term will be automatically renewed on a yearly basis (the “Extended Term”) unless and until terminated by either Party upon giving the other Party not less than forty-five (45) days written notice prior to the end of the Initial Term or the Extended Term.
  3. The Customer agrees and undertakes to use Google Services for a Contractual Period.
    
    In a case where the usage of such services ends before the relevant Contractual Period whether during the Initial Term or Extended Term due to the Customer’s intention pursuant to Clause 5.2 (Termination for Convenience) or the Customer’s default pursuant to Clause 5.3, the Customer shall be subjected to the termination fee and will be liable to the Company as follows:
    
    Calculation of the Termination Fee
    Number of licenses (subscribers) x Unpaid Service/Pack Fee x Remaining Period.
2. Termination for Convenience
  
  Either party may terminate this Agreement at any time in its sole discretion by providing the other party with at least forty-five (45) days’ prior written notice to the other Party. If the Customer exercises its rights under this clause 5.2, the termination fee of clause 5.1.3 shall be applied and charged.
3. Termination for Breach
  
  Either party may terminate this Agreement (i) forty-five (45) days after providing written notice to the other party of a material breach of its obligations under this Agreement if such breach remains uncured at the expiration of such 45-day period, or (ii) immediately upon written notice if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
4. Effect of Termination
  
  If this Agreement terminates, then the rights granted hereunder by any party to the other party and the Customer’s access to the Google Services will cease immediately.
5. Suspension of Services
  
  Without prejudice to the Company’s right under Section 5.3 (Termination for Breach), if Customer is in breach of its payment obligations under this Agreement and has failed to cure such breach within the period determined by the Company, without prejudice to the Company’s right to terminate the Agreement, the Company may suspend the Customer’s access to Google Services until such breach is cured.
TECHNICAL SUPPORT

The Company will provide front-line technical support directly to the Customer with respect to the questions. complaints and other support issues that the Customer cannot resolve. If the Company cannot resolve such support issues, the Customer may also escalate support requests to Google in accordance with Google’s applicable technical support guidelines (the “TGGS”) for the Product(s).
DISCLAIMER

To the fullest extent permitted by Applicable Law, the Customer understands and agrees that the Company makes no conditions, warranties, or other commitments (whether express or implied, including as to satisfactory quality, fitness for a particular purpose), in connection with the Google Services provided under this Agreement), except as otherwise expressly stated under this Agreement.
LIMITATION OF LIABILITY

The Customer recognizes that the Company is a reseller of Google Services and agrees that the Company shall not be financially responsible for the failure of such Google Services. The Customer agrees that the Company shall not have any liability to the Customer if the Google Services do not function as anticipated; however, the Company shall provide reasonable administrative assistance to the Customer with respect to requesting working Google Services from Google. In any events, the limit of liability of the Company to the Customer for any cause or combination of causes arising out of or in connection with the Service Order shall be, in total amount, limited to the amount paid by the Customer to the Company during the 12 (twelve) months prior to the event of giving rise to liability.
INDEMNITY

The Customer shall indemnify and hold the Company harmless against any and all loss, liability, cost, expense or claim (including legal expenses) suffered or incurred by the Company arising directly or indirectly from or in connection with:

(a) any failure by the Customer to comply with any of the provisions of the Service Order, Google TOS, any instructions, notices or directions issued by the Company and/or any appropriate authorities or any Applicable Law in force;

(b) any claims for libel, infringement of intellectual property rights of breach of any Applicable Laws whatsoever arising from all claims arising out of any act or omission of the Customer or any authorized use of the Services; or

(c) any and all claims, demands, proceedings or fines made or imposed against the Company by a third party arising out of, in connection with or due to the Customer’s breach of the these terms or in using the Services, including claims for defamation and/or infringement of intellectual property rights.
GENERAL PROVISIONS
1. Assignment
  
  The Customer shall not assign or transfer its interest in the Service Order without written consent of the Company. The Customer acknowledges that the Company may assign the Service Order to a third party, including Google, without written consent of the Customer.
2. Waiver
  
  Any failure by the Company to require strict compliance with any provision of this Agreement shall not be constructed as a waiver of such provision, and the Company may subsequently require strict compliance at any time, notwithstanding any prior failure to do so.
3. Relationship of the Parties
  
  The Company, the Customer and Google are independent companies with respect to the resale of the Google Services. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint venture between the parties.
4. Severability
  
  In the event any provision of this Agreement is held by a court of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect.
CONSENT TO THE PROCESSING OF END USER DATA

The Customer agrees to obtain appropriate rights and/or consents, where required by applicable laws, to enable the Company to collect, use and process the End User Data as provided by the Customer for the purpose of the following

(i) registering and activating Google Services and Domain Service to the End Users;

(ii) performing the Company’s obligations as required under this Agreement; or

(iii) complying with any applicable laws and regulations.

(iv) extending information to 3^rd party to perform additional services as requested by the Customer.
DEFINITIONS & INTERPRETATIONS

Capitalized terms in this Agreement shall have the following meanings.

“Applicable Law” means all laws, rules, regulations applicable to provision of Google Workspace Services.

“Agreement” means the Service Order or electronic, digital or online order, order detail form, and this Terms and Conditions.

“Company” refers to dtac TriNet Co., or the entity whose name appears in the Service Order (as the case may be).

“Customer” means the customer whose particulars or details are identified in the section referred to as either “Applicant Information”, “Customer Information” or “Customer Details” in our Service Order Form.

“Domain Service” means the service provided to assign a TLD/domain under the customer name.

“End Users” means any person(s) authorized by the Customer to use the Google Services.

“End User Data” refers to data about an individual who can be identify or identifiable from that data

“Google Services” means the provision of Google Workspace Services, which allows access to cloud-based Google productivity services including Gmail, Meet, Drive, Chat, Calendar, Docs, Sheets and Slides.

“Service Order” or “Service Order Form” means a service order or any kind of documents, or online subscription portal or sign-up application, entered into between the Parties for Google Workplace Services and Domain Services (if applicable) where includes all terms as set out in this Terms and Conditions.

“Top-level domain (TLD)” refers to the last segment of a domain name, or the part that follows immediately after the "dot" symbol. For example, in the internet address: https://www.google.com, the “.com” portion is the TLD. TLDs are mainly classified into two categories: generic TLDs and country-specific TLDs.

19. TERMS AND CONDITIONS FOR MOBILE NUMBERS PORTABILITY

If porting under the application/ Mobile Number Portability for Telecommunication Service for Government and Enterprise and Corporate Customers (the “application”) is successfully processed, I, by the application, am hereby express my intention to terminate all services and/or related services (voice and/or data and/or valued added services) which were provided to my ported mobile number(s) by my previous mobile operator (“Donor Network Operator or DNO”) and/or valued added service operator(s), for example; content service providers. The termination of contract with the donor operator and/or with the valued added service operator and the commence of contract with the new operator (“Recipient Network Operator or RNO”) shall be in effect at the time of mobile operators cut-over.
I acknowledge that cut-over as stipulated on the application relies on verification process by DNO and technical operation between DNO and RNO under the rule with respect to the Mobile Numbers Portability as stipulated by the National Telecommunications Commission (“NTC”). However, to facilitate porting process under the application to be as efficient as possible, I agree that cut-over date may be changed as it sees necessary.
I acknowledge that cut-over as stipulated on the application relies on verification process by DNO and technical operation between DNO and RNO under the rule with respect to the Mobile Numbers Portability as stipulated by the National Telecommunications Commission (“NTC”). However, to facilitate porting process under the application to be as efficient as possible, I agree that cut-over date may be changed as it sees necessary.
In the event that the number(s) requested to be ported under the application cannot be ported due to incompletion, false or incorrect information provided by the applicant or any other reason that is beyond control of RNO, the new operator shall unilaterally cancel the application whether in whole or in part.
I acknowledge and agree that if my ported mobile number(s) is cancelled or suspended by DNO, I agree to accept the rejection code and any important contact concerning this porting mobile number (s) to my other mobile phone contact number which I already stated in the application. I accept and agree that by contacting to my stipulated other mobile phone contact number, it is deemed that I have been contacted directly and properly.
I acknowledge and agree that I shall waive and release DNO and RNO of any and all claims, damages or liabilities against me and/or other concerning people relating to this porting process.
I acknowledge that if the porting process is success, any remaining unused credit or balance with DNO will not be transferred to RNO.
I acknowledge and agree to use the service of DNO for at least 90 days before being able to port to RNO.
I am hereby confirmed and certify that I have full authority and capability to request for porting as stated in the application and all the information that I have provided are correct and true. I also agree to take full responsibility for any damage, expense or claim, if incurred, to DNO and/or RNO and/or any person resulting from my breach of this clause.
I acknowledge that I will be unable to cancel my porting request under the application if the cancellation request is not submitted to RNO before 5.30 p.m. on the day of the porting application date.
I acknowledge and agree that if I intend to cancel the request of porting under the application (as stated in clause 10), I would have to submit the request for cancellation of porting at same service point where I have submitted the application.
I acknowledge that there might be temporary disruption of mobile service during porting and/or cut-over process.
I acknowledge that there will be subscriber porting charge (“porting charge”) associated with porting under the application and I shall pay porting charge for each individual requested mobile number. In case of multiple-numbers request and some of the requested numbers cannot be ported, I hereby agree to have RNO and DNO ported the remaining portable numbers.
I acknowledge and agree that I will be responsible to procure for new mobile handset in case there is a difference of technology of service between DNO and RNO.
I acknowledge that I have to provide the register information to RNO as specified by NBTC.
To facilitate the Customers, RNO will register customer’s mobile phone number to the same area which that customer has registered its mobile phone number with DNO.
I acknowledge and agree that the Terms and Conditions for Mobile number portability may be subject to the changed as specified by NBTC.

20. TERMS AND CONDITIONS FOR DTAC BUSINESS WEB SHIELD SERVICE

By signing or accepting the Service Order (in the manner as we have determined) for dtac Business Mobile Web Security Service (the “Service”), the Customer is deemed to acknowledge and agree to be bound by all these terms and conditions as set out in this Terms and Conditions and Service Order Form which together forms the entire agreement between the Company and the Customer.

SERVICE DESCRIPTIONS
1. dtac Business Mobile Web Security Service (the “Service”) is a cloud-based internet security solution that helps to protect subscribers from online threats, including phishing, botnet, and malware that enables the subscribers to connect securely during using dtac’s mobile/cellular network from any device regardless of the location within Thailand territory without requiring additional software installations.
2. The Service is provided on a subscription basis according to the details terms as specified in the Service Order. The Service is available for 24 hours per day, 7 days per week and 365 days per year, but the Service is not available while the Customer’s mobile device is roaming in other countries outside Thailand. The Service Fee will be charged when the Service is used only (excluding roaming period).
3. The Service does not include the following:
  - Troubleshooting/technical support the Customer’s locations and devices.
  - Setting up the Customer’s equipment and devices.
  - Technical support on setting up or usage of the Customer’s equipment or devices.
4. Multimedia Messaging Service (MMS) will not be workable during using the Services. However, MMS feature will be back to normal use upon the Customer cancels the Service,
5. The Customer acknowledges that the Service is provided on “as is” basis and the Company does not guarantee or warrant that the Service will detect or mitigate all possible attacks, or other threats.
6. The Customer can unsubscribe the Service by sending USSD *59010#, or request to dtac business call center 1431.
7. If the Customer has any questions or requires any support that the Customer cannot resolve, please contact dtac business call center 1431.
INVOICING AND PAYMENT OF USING SERVICES
1. The Customer shall pay the Company the applicable Service Fee as set forth in the Service Order issued by the Company and accepted by the Customer. Unless otherwise set forth on such Service Order, the Service Fee shall be payable within thirty (30) days after the date of Company’s invoice.
2. If the Customer fails to meet the deadline for payment indicated in the invoice, the Customer will pay a late payment charge on due amounts at the rate 18% per annum calculated for each day of default until full settlement. The Customer shall be responsible for all reasonable costs and an attorneys’ fee incurred by the Company in the collection of any overdue amount.
TERM, TERMINATION AND SUSPENSION OF SERVICES
1. Term
  The subscription to the Service will be effective as of the earlier of: (a) the date Customer accepts the Service Order, or (b) the date the Customer first accesses or uses the Service, and will continue in force until the term set forth in the Service Order has expired, unless and until terminated as provided in this Agreement.
2. Termination for Breach
  Either party may terminate this Agreement (i) thirty (30) days after providing written notice to the other party of a material breach of its obligations under this Agreement if such breach remains uncured at the expiration of such 30-day period, or (ii) immediately upon written notice if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
3. Effect of Termination
  If this Agreement terminates, then the rights granted hereunder by any party to the other party and the Customer’s right to use the Service will cease immediately.
4. Suspension of Services
  Without prejudice to the Company’s right under Section 3.2 (Termination for Breach), if Customer is in breach of its payment obligations under this Agreement and has failed to cure such breach within the period determined by the Company, the Company may suspend the Service until such breach is cured.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF USE, DATA, PROFIT OF BUSINESS, OR FOR ANY SPECIAL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER ARISING IN ANY ACTION OF CONTRACT, TORT OROETHER LEGAL THERORY. THE COMPANY’S LIAIBLITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CORTACT OR TROT), SHALL BE LIMITED TO THE SUBSCRIPTION FEE STATED IN THE SERVICE ORDER THAT CAUSED DAMAGES OR ARE THE SUBJECT MATTER OF THE CAUSE OF ACTION.
DATA PRIVACY
1. Definition
  “Personal Data” means personal identifiable information as prescribed in the Personal Data Protection Act B.E. 2562 (2019) which includes but is not limited to name, address, phone number, identification number, location data.
2. Processing of Personal Data
  The Company has the legitimate right in accordance with the Personal Data Protection Act B.E. 2562 (2019) in collection, handling and/or storage of the Customer’s Personal Data when it is necessary for taking specific steps and performing contractual obligations so as to providing the Service as requested by the Customer. Please note Company has the right to deny the Customer the Service if such information is not availed.
3. Data Protection
  The Company is committed to respecting and protection the privacy of the Personal Data the Company collects from the Customer. Our privacy statement, as updated from time to time, explains how the Company treats the Customer’s Personal Data and measures taken protect the Customer’s privacy when the Customer uses our Service. This can be found on https://www.dtac.co.th/sustainability/th/privacy. If unable to access the link or the Company’s website, please reach out to us on any for our customer care channels to receive a copy
GENERAL PROVISIONS
1. Assignment
  The Customer shall not assign or transfer its interest in the Service Order without written consent of the Company. The Customer acknowledges that the Company may assign the Service Order to a third party without written consent of the Customer.
2. Waiver
  Any failure by the Company to require strict compliance with any provision of this Agreement shall not be constructed as a waiver of such provision, and the Company may subsequently require strict compliance at any time, notwithstanding any prior failure to do so.
3. Severability
  In the event any provision of this Agreement is held by a court of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect.

21. TERMS AND CONDITIONS FOR GOOGLE WORKSPACE FOR EDUCATION SERVICES

By signing or accepting the Service Order (in the manner as we have determined) for Google Workspace for Education Services (“Google Services”), the Customer is deemed to acknowledge and agree to be bound by all these terms and conditions as set out in this Terms and Conditions and Service Order Form which together forms the entire agreement between the Company and the Customer.

TERMS OF SERVICE

The Customer understands and agrees that the Company is not the provider of the Google Services, but a reseller of the Google Services. The Company is not responsible for the operation or performance of Google Services. The Company does not make any representations or warranties with respect to the Google Services. The Google Services and all intellectual property rights relating to the Google Services are and shall remain the exclusive property of Google.
CUSTOMER’S RIGHT TO USE THE SERVICE
1. General
  1. Subject to the Customer’s payment of the applicable fees and under the terms of this Agreement, the Company will provide the Customer access to Google Services for the number of licenses pursuant to the Service Order between the Customer and the Company.
  2. The Customer is aware that the Company will only provide Google Services to a person who has obtained Google's approval.
  3. Upon receive of the approval from Google pursuant to clause 2.1.2, the Customer acknowledges that the use of the Google Services is subject to the acceptance of terms and conditions of the Google Workspace Terms, https://workspace.google.com/terms/education_terms.html or such other URL as Google may provide. (hereinafter called “Google TOS”).
  4. The Customer shall use the Google Services and provide that all End Users use the Google Services in compliance with the Google TOS. The Customer further acknowledges that Google may change the features of any Google Services during the period of license and the Customer accepts such changes as part of the Agreement.
2. Restriction on Use of Google Services
  1. The Customer shall use the Google Services only for its own internal business purposes. Except as expressly permitted in the Agreement, the Customer will not: (a) resell or supply the Google Services to any third party who will resell, distribute, supply, lease, or allow another third party to use the Google Services; (b) use the Google Services for any purpose other than to use the Google Services as permitted hereunder; or (c) adapt, alter, modify, decompile, translate, disassemble, or reverse engineer any Google Services or any part thereof.
  2. Within the Term of the Agreement the Customer shall not buy Google Services from other resellers or from Google directly.
INVOICING AND PAYMENT OF USING SERVICES
1. The Customer shall pay the Company the applicable service fees in a yearly or monthly basis as set forth in the Service Order issued by the Company and accepted by the Customer. Unless otherwise set forth on such Service Order, fees shall be payable within thirty (30) days after the date of Company’s invoice.
2. If the Customer fails to meet the deadline for payment indicated in the invoice, the Customer will pay a late payment charge on due amounts at the rate 18% per annum calculated for each day of default until full settlement. The Customer shall be responsible for all reasonable costs and an attorneys’ fee incurred by the Company in the collection of any overdue amount.
TERM, TERMINATION AND SUSPENSION OF SERVICES
1. Term
  1. The subscription to the Google Services will be effective as of the earlier of: (a) the date Customer accepts the Service Order, or (b) the date the Customer first accesses or uses the Google Services, and will continue in force pursuant to the term set forth in the Service Order (the “Contract Period”), unless and until terminated as provided in this Agreement.
    
    In the event that the Customer subscribes Google Workspace for Education for Teaching and Learning Upgrade under Contractual Term, the initial term of the Services will be one in accordance with the term set forth in the Service Order (the “Initial Term”). Upon expiration the Initial Term, the term will be automatically renewed on a yearly basis (the “Extended Term”) unless and until terminated by either Party upon giving the other Party not less than forty-five (45) days written notice prior to the end of the Initial Term or the Extended Term . For the subscription of Google Workspace for Education Plus and Education Standard, customer needs to re-submit document and re-activate the service once the initial term of service expires.
  2. The Customer undertakes to use Google Services for a Contractual Period applied to them pursuant to the relevant Service Order and the terms of this Agreement. In a case where the usage of such services ends before the relevant Contractual Period due to the Customer’s intention pursuant to Clause 4.2 (Termination for Convenience) or the Customer’s default pursuant to Clause 4.3, the Customer shall be subjected to the termination fee and will be liable to the Company as follows:
    
    Calculation of the Termination Fee:
    Number of licenses (subscribers) x Unpaid Service/Pack Fee x Remaining Period.
2. Termination for Convenience
  
  Either party may terminate this Agreement at any time in its sole discretion by providing the other party with at least forty-five (45) days’ prior written notice to the other Party. If the Customer exercises its rights under this clause 4.2, the termination fee of clause 4.1.2 shall be applied and charged.
3. Termination for Breach
  
  Either party may terminate this Agreement (i) forty-five (45) days after providing written notice to the other party of a material breach of its obligations under this Agreement if such breach remains uncured at the expiration of such 45-day period, or (ii) immediately upon written notice if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
4. Effect of Termination
  
  If this Agreement terminates, then the rights granted hereunder by any party to the other party and the Customer’s access to the Google Services will cease immediately.
5. Suspension or Termination of Services
  
  Without prejudice to the Company’s right under Section 4.3 (Termination for Breach), if Customer is in breach of its payment obligations under this Agreement and has failed to cure such breach within the period determined by the Company, without prejudice to the Company’s right to terminate the Agreement, the Company may suspend the Customer’s access to Google Services until such breach is cured
TECHNICAL SUPPORT

The Company will provide front-line technical support directly to the Customer with respect to the questions. complaints and other support issues that the Customer cannot resolve. If the Company cannot resolve such support issues, the Customer may also escalate support requests to Google in accordance with Google’s applicable technical support guidelines (the “TGGS”) for the Product(s).
DISCLAIMER

To the fullest extent permitted by Applicable Law, the Customer understands and agrees that the Company makes no conditions, warranties, or other commitments (whether express or implied, including as to satisfactory quality, fitness for a particular purpose), in connection with the Google Services provided under this Agreement), except as otherwise expressly stated under this Agreement.
LIMITATION OF LIABILITY

The Customer recognizes that the Company is a reseller of Google Services and agrees that the Company shall not be financially responsible for the failure of such Google Services. The Customer agrees that the Company shall not have any liability to the Customer if the Google Services do not function as anticipated; however, the Company shall provide reasonable administrative assistance to the Customer with respect to requesting working Google Services from Google. In any events, the limit of liability of the Company to the Customer for any cause or combination of causes arising out of or in connection with the Service Order shall be, in total amount, limited to the amount paid by the Customer to the Company during the 12 (twelve) months prior to the event of giving rise to liability.
INDEMNITY

The Customer shall indemnify and hold the Company harmless against any and all loss, liability, cost, expense or claim (including legal expenses) suffered or incurred by the Company arising directly or indirectly from or in connection with:

(a) any failure by the Customer to comply with any of the provisions of the Service Order, Google TOS, any instructions, notices or directions issued by the Company and/or any appropriate authorities or any Applicable Law in force;
(b) any claims for libel, infringement of intellectual property rights of breach of any Applicable Laws whatsoever arising from all claims arising out of any act or omission of the Customer or any authorized use of the Services; or
(c) any and all claims, demands, proceedings or fines made or imposed against the Company by a third party arising out of, in connection with or due to the Customer’s breach of the these terms or in using the Services, including claims for defamation and/or infringement of intellectual property rights.
GENERAL PROVISIONS
1. Assignment
  
  The Customer shall not assign or transfer its interest in the Service Order without written consent of the Company. The Customer acknowledges that the Company may assign the Service Order to a third party, including Google, without written consent of the Customer.
2. Waiver
  
  Any failure by the Company to require strict compliance with any provision of this Agreement shall not be constructed as a waiver of such provision, and the Company may subsequently require strict compliance at any time, notwithstanding any prior failure to do so.
3. Relationship of the Parties
  
  The Company, the Customer and Google are independent companies with respect to the resale of the Google Services. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint venture between the parties.
4. Severability
  
  In the event any provision of this Agreement is held by a court of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect.
CONSENT TO THE PROCESSING OF END USER DATA

The Customer agrees to obtain appropriate rights and/or consents, where required by applicable laws, to enable the Company to collect, use and process the End User Data as provided by the Customer for the purpose of the following

(i) registering and activating Google Services and Domain Service to the End Users;
(ii) performing the Company’s obligations as required under this Agreement; or
(iii) complying with any applicable laws and regulations.
(iv) extending information to 3rd party to perform additional services as requested by the Customer.
DEFINITIONS & INTERPRETATIONS

Capitalized terms in this Agreement shall have the following meanings.

“Applicable Law” means all laws, rules, regulations applicable to provision of Google Workspace Services.

“Agreement” means the Service Order or electronic, digital or online order, order detail form, and this Terms and Conditions.

“Company” refers to dtac TriNet Co., or the entity whose name appears in the Service Order (as the case may be).

“Customer” means the customer whose particulars or details are identified in the section referred to as either “Applicant Information”, “Customer Information” or “Customer Details” in our Service Order Form.

“Domain Service” means the service provided to assign a TLD/domain under the customer name.

“End Users” means any person(s) authorized by the Customer to use the Google Services.

“End User Data” refers to data about an individual who can be identify or identifiable from that data

“Google Services” means the provision of Google Workspace Services for Education service, which allows access to cloud-based Google productivity services including Gmail, Meet, Drive, Chat, Calendar, Docs, Sheet, Slide and other features according to the education editions.

“Service Order” or “Service Order Form” means a service order or any kind of documents, or online subscription portal or sign-up application, entered into between the Parties for Google Workplace Services and Domain Services (if applicable) where includes all terms as set out in this Terms and Conditions.

“Top-level domain (TLD)” refers to the last segment of a domain name, or the part that follows immediately after the "dot" symbol. For example, in the internet address: https://www.google.com, the “.com” portion is the TLD. TLDs are mainly classified into two categories: generic TLDs and country-specific TLDs.

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