Terms of Service (TOS) for a Digital Marketing Agency operating in Thailand requires careful consideration to ensure compliance with local laws and clear communication of the rights and responsibilities of both the agency and its clients. Below is a detailed outline of the key sections that should be included in such a TOS:
1. Definitions
Clearly define key terms used throughout the agreement to avoid ambiguity.
- “Agency”: Refers to [Your Company’s Name], the service provider.
- “Client”: The individual or entity receiving services from the Agency.examples.com+2jonathanlea.net+2pdffiller.com+2
- “Services”: The digital marketing services provided by the Agency, including but not limited to SEO, SEM, social media management, content creation, and analytics.
2. Acceptance of Terms
Specify that by engaging the Agency’s services, the Client agrees to be bound by these Terms of Service.
3. Scope of Services
Detail the specific services to be provided, which may include:pdffiller.com
- Strategic Planning: Developing digital marketing strategies tailored to the Client’s business objectives.
- Content Creation: Producing relevant content such as blog posts, videos, and infographics.
- Social Media Management: Handling accounts on platforms like Facebook, Instagram, and LinkedIn.
- Search Engine Optimization (SEO): Improving website visibility on search engines.
- Pay-Per-Click Advertising (PPC): Managing online advertising campaigns.bafmin.com
- Analytics and Reporting: Monitoring and reporting on campaign performance.bafmin.com
Clarify that any additional services or changes to the scope must be agreed upon in writing.
4. Client Responsibilities
Outline the obligations of the Client, including:examples.com+5pdffiller.com+5bafmin.com+5
- Provision of Information: Supplying accurate and complete information necessary for the Agency to perform the Services.bafmin.com+2thailand.themispartner.com+2jotform.com+2
- Timely Feedback: Responding promptly to requests for approvals or information.jotform.com
- Compliance: Ensuring that any materials provided do not infringe on third-party rights or violate laws.
5. Fees and Payment Terms
Specify the financial arrangements, such as:
6. Confidentiality
Both parties should agree to maintain the confidentiality of proprietary or sensitive information received during the course of the engagement, except where disclosure is required by law.
7. Data Protection and Privacy
Ensure compliance with Thailand’s Personal Data Protection Act (PDPA) by detailing:thailand.themispartner.com
- Data Collection: Types of personal data collected and the purpose of collection.
- Data Usage: How the data will be used, stored, and processed.
- Data Sharing: Circumstances under which data may be shared with third parties.
- Client Consent: Obtain explicit consent from the Client for data processing activities.
8. Intellectual Property Rights
Clarify the ownership of intellectual property created during the engagement:
- Agency Materials: The Agency retains ownership of pre-existing materials and methodologies.
- Client Materials: The Client retains ownership of any materials they provide.jotform.com
- Deliverables: Specify whether the Client gains ownership of the final deliverables or if the Agency retains certain rights.thailand.themispartner.com+1hellobonsai.com+1
9. Limitation of Liability
Limit the Agency’s liability by stating that:bafmin.com+2Template+2thailand.themispartner.com+2
- No Guarantees: The Agency does not guarantee specific results, such as particular search engine rankings or increased sales.
- Liability Cap: The Agency’s total liability is limited to the amount paid by the Client for the Services.
- Indirect Damages: The Agency is not liable for indirect, incidental, or consequential damages.
10. Termination
Define the conditions under which the agreement can be terminated:thailand.themispartner.com
- By Either Party: With a specified notice period, e.g., 30 days written notice.thailand.themispartner.com+5pdffiller.com+5jotform.com+5
- For Cause: Immediate termination if either party breaches a material term of the agreement.
- Effect of Termination: Outline the obligations of both parties upon termination, such as payment for services rendered up to the termination date and return of confidential information.
11. Governing Law and Dispute Resolution
State that the agreement is governed by the laws of Thailand and outline the process for resolving disputes, which may include:
- Negotiation: Initial attempt to resolve disputes through informal negotiation.
- Mediation/Arbitration: If negotiation fails, proceed to mediation or arbitration in Thailand.
- Jurisdiction: Specify the courts of Thailand as having exclusive jurisdiction over any disputes.
12. Force Majeure
Include a clause that excuses either party from liability for delays or failures to perform obligations due to events beyond their reasonable control, such as natural disasters, acts of government, or other unforeseen events.
13. Amendments
Specify that any amendments to the agreement must be made in writing and signed by both parties.
If you have any questions regarding this Privacy Policy, please contact us at: MEPOR MEDIA CO., LTD.
Email: [email protected]
Address: 139 Moo 2, Patan, Mueang, Lop Buri, Thailand 15000
