Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the mongkod website and consulting services. By accessing our website or engaging our services, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you may not access our website or use our services. You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our services.

2. Definitions

• "We," "Us," "Our" refers to mongkod, a business consulting firm registered in Thailand
• "You," "Your," "Client" refers to the individual or entity accessing our website or engaging our services
• "Services" refers to the business consulting services we provide, including but not limited to stakeholder communication audits, digital transformation roadmaps, and cross-border expansion advisory
• "Website" refers to the mongkod website accessible at mongkod.sbs
• "Agreement" refers to these Terms together with any service-specific agreements

3. Service Description

mongkod provides professional business consulting services to organizations in Thailand and across ASEAN markets. Our services include:

• Stakeholder Communication Audits
• Digital Transformation Roadmaps
• Cross-Border Expansion Advisory
• Other consulting services as mutually agreed

Service availability may vary by location and is subject to our capacity and expertise. We reserve the right to decline any engagement that we determine to be outside our capabilities or that presents conflicts of interest.

4. Engagement Process

4.1 Initial Consultation

Initial consultations are exploratory conversations to understand your needs and determine if our services are appropriate. These consultations do not create a client-consultant relationship or obligation to engage our services.

4.2 Service Agreement

Formal consulting engagements begin only after both parties execute a written service agreement specifying scope, timeline, deliverables, fees, and other relevant terms. These Terms are incorporated by reference into all service agreements.

4.3 Conflict Screening

Before accepting any engagement, we conduct conflict of interest screening. We may decline engagements when serving one client might compromise another client's interests, even if this results in lost revenue.

5. Fees and Payment

5.1 Service Fees

Fees for our services are specified in individual service agreements and may be structured as:

• Fixed-price engagements for defined scopes
• Hourly rates for ongoing advisory services
• Retainer arrangements for continuing relationships

All fees are quoted in Thai Baht (฿) unless otherwise specified. Fees do not include applicable taxes, which will be added as required by law.

5.2 Payment Terms

Payment terms are specified in service agreements. Typical arrangements include:

• Initial deposit upon agreement execution
• Progress payments at defined milestones
• Final payment upon deliverable completion

Invoices are due within 15 days of receipt unless otherwise agreed. Late payments may incur interest charges at 1.5% per month or the maximum rate permitted by Thai law, whichever is lower.

5.3 Refund Policy

Deposits are non-refundable once work commences. For fixed-price engagements terminated early, fees are prorated based on work completed. For hourly arrangements, clients pay only for time actually incurred.

6. Client Responsibilities

To ensure successful engagements, clients are responsible for:

• Providing accurate and complete information relevant to the engagement
• Making key personnel available for interviews and working sessions as agreed
• Granting appropriate access to systems, documents, and facilities as needed
• Reviewing and providing feedback on deliverables in a timely manner
• Maintaining confidentiality of our proprietary methodologies and frameworks
• Implementing recommendations at your own discretion and risk

7. Intellectual Property

7.1 Our Intellectual Property

We retain all rights to our proprietary methodologies, frameworks, templates, and general consulting approaches. Deliverables created for your engagement may incorporate these proprietary elements, which remain our intellectual property.

7.2 Client License

Upon full payment, clients receive a non-exclusive, non-transferable license to use engagement deliverables for their internal business purposes. This license does not permit:

• Reselling or commercializing our deliverables
• Sharing deliverables with competitors or third-party consultants without our written consent
• Modifying our methodologies for use by other organizations

7.3 Client Information

You retain all rights to your proprietary information and data. We claim no ownership of your business information, strategic plans, or operational data shared during engagements.

8. Confidentiality

Both parties agree to maintain confidentiality of information disclosed during engagements. Specifically:

• We will not disclose your confidential information to third parties without your written consent
• You will not disclose our proprietary methodologies or consulting approaches to third parties
• Confidentiality obligations survive termination of the service agreement
• Exceptions include information required to be disclosed by law or court order

Formal non-disclosure agreements supplement these confidentiality provisions and are executed before sensitive information sharing.

9. Disclaimers

9.1 Professional Advice Disclaimer

Our consulting services provide business recommendations and strategic guidance. We do not provide legal advice, accounting services, or financial planning. Clients should consult appropriate licensed professionals for such services.

9.2 No Guarantees of Results

While we strive to deliver high-quality consulting services, we cannot and do not make guarantees about specific business outcomes. Implementation of our recommendations is at your discretion, and results depend on factors beyond our control including market conditions, competitive dynamics, and execution quality.

9.3 Website Availability

We provide our website "as is" without warranties of any kind. We do not guarantee uninterrupted access or error-free operation. We may modify, suspend, or discontinue any aspect of the website at any time.

10. Limitation of Liability

To the maximum extent permitted by Thai law:

• Our total liability for any engagement shall not exceed the fees paid for that specific engagement
• We shall not be liable for indirect, consequential, or incidental damages
• We shall not be liable for losses resulting from your implementation decisions
• We shall not be liable for delays or failures caused by circumstances beyond our reasonable control

These limitations apply regardless of the legal theory of liability, whether in contract, tort, negligence, or otherwise.

11. Indemnification

You agree to indemnify and hold harmless mongkod, its consultants, and affiliates from claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of our services or your violation of these Terms.

12. Termination

12.1 Termination by Client

Clients may terminate engagements with 15 days written notice. Upon termination, clients remain responsible for fees covering work completed through the termination date.

12.2 Termination by Us

We may terminate engagements if:

• Payment obligations are not met within 30 days of invoice due date
• Client fails to provide necessary access or cooperation
• Conflicts of interest emerge that cannot be resolved
• Continuation would violate professional standards or legal obligations

12.3 Effects of Termination

Upon termination, we will provide work-in-progress deliverables in their current state. Confidentiality obligations and intellectual property provisions survive termination.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Thailand. Any disputes shall be subject to the exclusive jurisdiction of the courts of Songkhla Province, Thailand.

13.2 Informal Resolution

Before initiating formal proceedings, parties agree to attempt good-faith resolution through direct negotiation. Either party may request a meeting to discuss disputes within 30 days of the dispute arising.

13.3 Mediation

If informal resolution fails, parties may agree to mediation under the rules of the Thai Arbitration Institute before pursuing litigation.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any executed service agreements, constitute the entire agreement between parties regarding our services and supersede all prior discussions and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations with notice to you.

14.5 Notice

Notices under these Terms should be sent to the addresses specified in service agreements or to the contact information provided below.

15. Changes to Terms

We may modify these Terms from time to time. Changes become effective when posted on our website. Your continued use of our website or services after changes are posted constitutes acceptance of the modified Terms.

For active consulting engagements, the Terms in effect at the time of agreement execution govern that engagement, unless both parties agree in writing to adopt modified Terms.

16. Contact Information

For questions about these Terms or our services, please contact us: