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Terms of Services

Terms of Services
Privacy Notice
Service Level Agreement
The end user accepts and complies with the terms of service of cloudhm.co.th a Cloud service website administrated by Cloud HM Company Limited. The details of the terms of service is as follow:
  1. cloudhm.co.th prohibits the use of our service(s) for the following activities:
    1. 1.1
      Prohibited activities:
      1. Illegal websites/applications/servers which attacks, dishonors or damages the royal and/or religious institutions and the defamation of others.
      2. Pornographic, obscene, and/or sexual websites/applications/servers.
      3. Gambling websites/applications/servers.
      4. Websites/applications/servers that provide BitTorrent, trackers, online streaming, pirate software, cracks, hacks, warezes, viruses, worms, trojan services and/or for conducting attacks such as but not limited to mail bombs, hack attacks, spamming, port scanning, port probing, download, MP3, software, video, voice clips and online music whether legally or illegally.
      5. Websites/applications/servers used for commercial mass emailing.
      6. Websites/applications/servers used for spamming (sending numerous unsolicited emails) by using fake email addresses or randomly sending emails to random accounts.
      7. Websites/applications/servers used for creating or sending chain emails.
      8. Websites/applications/servers used to send mass emails that affects service(s) of web board and/or other systems.
      9. Websites/applications/servers used to threaten or deprive the rights of others.
      10. Websites/applications/servers used and/or related to hacking, viruses and/or any activities that may or may not spread illegal, immoral content that may cause damages to or affect others.
      11. Websites/applications/servers that uses any scripts and/or programs which may cause damages to the provider and/or others servers. If found, the provider reserves the right to immediately suspend/terminate the websites/applications/servers usability until there rectification by the end user. The provider is not be responsible for any damages in such situation.
      12. Websites/applications/servers that infringes trademark, copyright or intellectual property rights.
      13. Websites/applications/servers that threatens, cheat, provide false information, and/or publicize inappropriate contents.
      14. Websites/applications/servers that discredits the provider
      15. Websites/applications/servers that violates the Computer Related Crime Act. B.E. 2550
      16. Other websites that are considered to be unsuitable by the provider
    2. The provider reserves the right to terminate any contracts and/or service(s) without having advanced notification if the end user is deemed to violate any of the terms set forth in this document. The provider also reserves the right to not issue any refunds should the end user be found to have violated any terms in this document.
  2. Information provided by the end user must be true and correct. If found to be otherwise, the end user reserves the right to terminate and/or not provide service(s) to that end user.
  3. A registered domain name is not changeable, if the end user wishes to change their domain name, the end user must purchase a new domain name.
  4. The provider will begin setup of any service(s) within 24 hours excluding non-business days after the provider receives proof of payment. If the proof of payment provided by the end user is not complete and the end user does not provide new information within 30 calendar days, the provider reserves the right to cancel the order without providing any refund.
  5. The provider is does not have a refund policy unless the provider is at fault.
  6. The service provider shall have a notification system to alert users of service expiration, including domain names registered with the provider. Notifications will be sent periodically. If the service user fails to make payment, the service provider is required to temporarily suspend the service. In cases where the service user wishes to cancel the service, the service provider must delete the user’s data from the system within 7 days after the service expiration or cancellation date, and such data cannot be recovered thereafter.
    1. 6.1
      DevOps Cloud - If the end user does not make their payment by the due date, the provider reserves the right to temporarily suspend their service in 3 days and permanently terminate their service in 7 days without prior notice. Any deleted data of the end user is not the responsibility of the provider.
  7. The provider is not responsible for damages to the end user caused by equipment malfunction, force majeure events and/or the carelessness of the end user.
  8. The provider reserves the right to temporary suspend and/or permanently terminate the services provided to the end user to investigate due on complaints and/or requests received by the provider.
  9. The provider reserves the right to terminate a service(s) immediately under any condition if the end user is deemed to have used a counterfeit and/or stolen credit card for the payment of the provider’s services.
  10. The provider reserves the right to use and/or reveal information of the end user when requested by a government officer for the purpose of compiling with national law(s).
  11. The provider reserves the right to prohibit the end user from copying and duplicating the provider’s content without prior written permission.
  12. The provider will contact the end user via the email provider by the end user upon registration. Should the end user want to change the email, can do so through the system. If the end user is unable the access the email, the provider may request for documents such as certificate of company and/or receipt for verification. If the end user cannot provide these documents, the provider reserves the right not to provide any information to the end user in any case.
  13. The provider is an infrastructure as a service provider not a software house. The provider reserves the right to not answer questions relating to programming, system administration, and etc.. Any support provided for such issues is on a best effort basis. The provider may post/send links which are related to the issue to the end user and the end user must troubleshoot the issue themselves. The provider will only provider answers questions and issues related to our services: Cloud Server and Cloud Backup.
  14. The provider reserves the right to delete any files of the end user such as but not limited to website wiles, email files and/or database files that have been infected by viruses without prior notification.
  15. Backups for the Cloud Server and Cloud Backup services are conducted regularly by the provider. Should the end user request for a copy(s) of the backup, all outstanding balances must be fully paid.
  16. The provider reserves the right to modify any part(s) of this document at any time without prior notice to the end user.
Personal Data Agreement for Public Cloud System Processor and Cloud Service Customers
  1. The service user agrees to allow the service provider to collect and store personal data of the service user's contracting parties, employees, representatives, personnel, business partners, associates, and/or users, including names, addresses, telephone numbers, or email addresses for contact purposes, and service usage data obtained through service provision under this contract. This data will be used for operations and disclosed specifically for the service provider's normal business operations under this contract, including for the following purposes:
    1. 1.1
      For notification or follow-up, collection of service fees and charges related to products and services, such as sending service billing notices, purchase orders for products and services, payment reminders for products and services, and preparing receipts and tax invoices.
    2. 1.2
      For data management to submit to agencies that need to verify data management both externally and internally to prevent fraud.
    3. 1.3
      For maintaining data security and network security of the service provider's services.
    4. 1.4
      For verification and confirmation of service user identity for registration and service access, including accessing, editing, and deleting data during service use.
    5. 1.5
      For providing after-sales service or services as requested by service users, supporting usage, providing information, responding to, and resolving various complaints.
    6. 1.6
      For safety purposes or preventing danger to life, body, or health of individuals.
    7. 1.7
      For legal compliance and/or other necessary reasons for the company's legitimate legal interests.
    8. 1.8
      For data analysis in service provision, marketing planning, and marketing activities of the service provider and partner groups with which the service provider has contracts or legal relationships.
    9. 1.9
      For notifying and presenting benefits, information, news, promotional offers, and various proposals regarding applications, buying and selling products, or using various services of the service provider, including legal entities or partner groups with which the service provider has contracts or legal relationships through various communication channels.
    10. 1.10
      For applications or service activation, product orders, product sales, payment services, and online transactions or using various services of the service provider, including legal entities or partner groups with which the service provider has contracts or legal relationships.
    11. 1.11
      For inquiring, assessing understanding, needs, and satisfaction of service users, including analyzing data to develop and improve services for greater efficiency and alignment with service user needs.
  2. The service user agrees and confirms that all personal data of contracting parties, employees, representatives, personnel, business partners, associates, service customer's users, and/or external parties that the service user processes, analyzes, transfers, transmits, uses, collects, and/or discloses to the service provider or through the service provider's services under this service contract is personal data that has been properly consented to by the personal data owners according to law. The service user has complied with conditions and requirements regarding disclosure, use, and storage of personal data as specified in the Personal Data Protection Act B.E. 2562, including ministerial regulations and other related laws. If it later appears that such personal data was collected, used, disclosed, or obtained unlawfully or in violation of the Personal Data Protection Act B.E. 2562 and related laws, the service user agrees to protect the service provider, representatives, directors, employees, and/or affiliated companies of the service provider from any claims and demands, including lawsuits and compensation for damages to personal data owners and the service provider throughout the service period under the service contract and after the service contract ends for any reason.
  3. The service provider will not collect personal data of service users beyond the purposes specified in the service contract.
  4. The service provider uses cloud infrastructure located only in Thailand.
  5. The service provider guarantees not to disclose personal data, except when required to comply with other related laws. The service provider will request permission from the service user before disclosing PII.
  6. The service provider may disclose service users' personal data to affiliated companies, including other individuals and legal entities that are not affiliated companies, for the purposes of collecting and processing personal data as specified in Section 1.
  7. The service provider will collect and store service users' personal data for the period necessary to achieve the purposes of each type of service according to the contract period or legal relationship under applicable law between the service user and service provider, unless law permits longer retention periods.
  8. The service provider will delete or destroy personal data, or make personal data unable to identify the personal data owner according to the service provider's data destruction standards when the storage period expires, or when the service provider no longer has the right or ability to claim processing of the service user's personal data.
  9. Service users may exercise personal data owner rights under the conditions specified in the Personal Data Protection Act B.E. 2562 according to the rights request form specified by the service provider.
  10. Although the service provider uses controls and technology to maintain personal data security to the fullest extent possible, the service provider cannot guarantee that such controls and technology will be complete without any defects or errors. The service provider therefore reserves the right not to be responsible for any loss or damage to service users' personal data in all cases, except as required by law.
  11. In case of reporting incidents or actions that constitute personal data breaches, or requests to exercise personal data owner rights, service users may contact the service provider's Data Protection Officer via email at DPO@benchachinda.co.th, For the benefit of protecting service users' personal data and mitigating potential damages from such breaches, the service provider requests that service users please report such breaches immediately upon knowledge or as soon as practically possible.
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