Service Agreement for PEAK Online Accounting Software and Data Security.
The parties agree to use the services by the terms and conditions stated in this request/agreement.
Definitions
In this request/agreement, if the text does not indicate otherwise:
"Service Provider" refers to PUUN Intelligent Co., Ltd.
"Service User" refers to the service user as specified in this request/agreement.
"User" refers to any individual who is an employee, representative, or recipient of the service user.
"Customer" refers to any individual who is a customer of the service user.
"Service" refers to the right to use computer software for accessing the PEAK online accounting software or peakengine.com or peakaccount.com, which is provided by the service provider to the service user according to the service agreement.
"Service Fee" refers to the fee for the right to use computer software for accessing the PEAK online accounting software or peakengine.com or peakaccount.com, as well as any charges, fees, or other service fees requested by the service user from the service provider, which is calculated based on the agreed rates.
Rights, Responsibilities, and Liability of the Service Provider:
The service provider reserves the right to make additional modifications and changes to the terms, conditions, and service fees without prior notice to the service user, in compliance with applicable laws, or at the discretion of the service provider. The agreement acknowledges that the service provider shall not be held liable for any consequences arising from such modifications or changes (e.g., the service provider may change the prices without prior notice, but as a standard practice, they will provide notification at least 1 month in advance).
In the event of a service disruption that prevents the service user from accessing the service as usual, the service provider shall take necessary actions to restore the service within a reasonable timeframe. If the service disruption is caused by the service provider, they will be responsible for compensating the service user by extending the service usage period for no less than twice the duration of the disruption. The calculation of the compensation will be based on the number of days from the occurrence of the disruption until the service is restored to normal, with less than 3 consecutive hours counted as 0 days, and 3 or more consecutive hours counted as 1 day (e.g., if a service disruption lasts for 5 hours, the service provider must extend the service usage period by at least 2 x 1 = 2 days). Additionally, the service provider may offer additional compensation beyond the specified requirements.
The service provider will exercise reasonable care in providing the services under this agreement, but shall not be liable for service interruptions, delays, or failures caused by electrical system disruptions, force majeure events, or other causes beyond the control of the service provider.
The service provider will not disclose any personally identifiable information of the service user to third parties without the user's consent unless required by law (e.g., court orders or special laws in exceptional circumstances).
The service provider has the right to use the data provided by the service user as part of this service or for other services or processes offered by the service provider or its related entities, provided that it does not violate Section 2. (5) (e.g., the service provider may use the data for market research, research on the performance of SMEs, preparing data for marketing purposes, or related content that may benefit the service user, without specifying individual samples).
Rights, Responsibilities, and Liabilities of Service Users
The service user must use the service by the terms of this service agreement for their personal use or the normal course of their business, and shall not resell the service unless expressly permitted by the service provider as part of their regular business operations.
The service user must not use the service in a manner that disrupts the peace, good morals, or public order, and shall not engage in any unlawful activities, in violation of regulations, orders, or announcements issued by the government, whether currently in effect or to be enforced in the future. If such use is deemed illegal or detrimental to public peace, it shall be considered that the service provider did not have knowledge of or assist in promoting such activities.
The service user agrees not to modify or alter the computer programs provided as part of the service in any case unless prior written consent is obtained from the service provider.
The service user agrees to provide assistance and cooperation to the service provider according to the terms and conditions stated in this request/agreement. Failure or refusal to provide assistance or cooperation by the service user will release the service provider from any liabilities or obligations in providing the service, to the extent that such delays or lack of assistance or cooperation from the service user impact the service provider.
If the service user fails to comply with all or part of this service agreement, the service user shall be held responsible for compensating the service provider for any damages incurred, in full amount (if applicable).
The service user agrees and acknowledges that the trademarks, ideas, and presentation formats, including all parts of the computer programs, including source code and object code developed to provide the service on this website, are protected by intellectual property laws and it is prohibited for anyone to copy, imitate, reproduce, or modify, whether in part or whole.
The service user agrees and acknowledges that the service user is the owner or has the right to use the data recorded in the database and is responsible for the data imported into the service provider's system.
All content and data that are part of the services provided under this agreement are protected by intellectual property laws, and the service provider or third parties are the owners of the intellectual property rights associated with them. The service user may only use the content or data to utilize the services and is prohibited from duplicating or using such content or data for other purposes.
The service user must not engage in any activities that may violate or be reasonably believed to violate copyrights, trademarks, patents, trade secrets, or other intellectual property rights, regardless of the method used, whether or not it is done intentionally.
The service user agrees to keep their user ID and password confidential. If the service user authorizes or allows any other person to use their personal data and/or the mentioned user ID and password, the service user accepts and acknowledges that such actions are their responsibility and are legally binding.
In the event that the service user or user's actions result in harm to other service users or the service provider, the service user agrees to be fully responsible for any damages incurred.
Service Duration
The parties to this agreement agree that when the specified service period in this service agreement expires, the service duration shall be automatically extended for another period, equivalent to the originally specified duration stated in this service agreement unless either party expresses the intention not to extend the service duration. The service user will be able to use the service until the last day of the service period.
Service Fees
The service user agrees to pay the service fees according to the specified conditions within the designated time frame (e.g., paying in advance).
The service user has the option to cancel the service by providing written notice to the service provider at least one month in advance. If the service user no longer wishes to use the service voluntarily, they can initiate the cancellation.
Prepaid service fees can be refunded in the case of cancellation as stated in section 5(2), with the portion of the service unused considered as one month of service. There will be a handling fee of 1,000 baht per refund transaction. In the case of cancellation, as stated in section 7(2), there will be no handling fee for the refund process.
If the service fees are prepaid and a discount has been applied, when canceling the service, the value of the service already used will be calculated by multiplying the duration of usage by the original service fee before the discount. If the calculated value is greater than or equal to the prepaid amount, the remaining unused duration cannot be refunded in cash. For example, if the regular monthly service fee is 500 baht and a prepaid amount of 1,500 baht was made for a 15-month usage period, and the service has been used for 3 months before cancellation, the remaining 12 months of unused duration cannot be refunded in cash because the value of the service already used (500 x 3) is greater than or equal to the prepaid amount of 1,500 baht.
Service credits provided beyond the regular service fees cannot be refunded in cash. For example, credits obtained through referrals or other promotions cannot be converted into cash refunds.
Temporary Service Suspension
In cases where it is necessary, the service provider has the right to suspend the service either entirely or partially, by providing notification along with specifying the reason for the suspension.
The user must be notified in advance, at least 7 days prior, if the service suspension is expected to last longer than 8 hours.
The user must be notified in advance, at least 1 day prior, if the service suspension is expected to last longer than 4 hours.
Notification to the user is not required if the service suspension is expected to last less than 4 hours.
In the following cases, the service provider has the right to suspend the service without prior notification to the user in the event of unforeseeable circumstances that are beyond the control of the service provider. Examples include natural disasters, traffic accidents, theft, network system failures, internet interruptions, errors from other service providers interconnected with the current service provider or errors from other service providers used by the service provider.
The user falsifies documents in order to request service.
The service provider can prove that the service provided to the user has been used illegally or in violation of the law, or breach the terms and conditions of this service agreement.
The user fails to pay the service fees as agreed.
The service provider needs to maintain, repair, or urgently fix the service system within a reasonable time frame. In the event that the service provider temporarily suspends the service according to the above conditions, the user is still required to pay the service fees as usual.
Cancellation of Service
The service provider has the right to cancel the service if the user is deceased or ceases to exist as a legal entity.
The service provider has valid reasons to believe that the user has engaged in improper behavior while using the service or has used the service unlawfully or in violation of the prohibitions stated in the terms and conditions of this agreement.
The service provider has valid reasons to believe that the user's usage of the service poses a significant risk or detriment to the service provider, other users, or the service system according to this agreement.
The service provider is unable to provide the service due to reasons beyond the control of the service provider, which constitute cancellation in accordance with legal provisions.
The user has the right to cancel the service without prior notice, and the cancellation takes effect immediately upon notification, provided that the cancellation is clearly expressed in writing and does not violate the essential provisions of this agreement. There shall be no refund fees or penalties for the service provider.
The service provider ceases to exist as a legal entity or dissolves.
The service provider makes substantial amendments to the service agreement or conditions of service that result in a reduction of rights or benefits enjoyed by the user unless such changes are made in accordance with legal provisions.
Other Terms and Conditions
The user acknowledges and agrees that any delay or omission in exercising the rights of the service provider under the law or under this agreement shall not be deemed as a waiver or relinquishment of the service provider's right to enforce the terms of the agreement against the user.
After the termination of this agreement for any reason, at least 5 years have elapsed, the service provider may delete the data entered by the user or the user's activities from the database.
Usage credits or other benefits may be accumulated but cannot be bought, sold, or exchanged for ownership rights and cannot be redeemed for cash. When using or registering through "Google Login," the service provider will retrieve the user's name, email address, and phone number (if available) from the Google system to create a user account and store this information. The user agrees to allow the service provider to use the name, email address, and phone number (if available) to contact the user, and the service provider may need to share your information with other service providers to further develop the services (e.g., we may need to send phone numbers to SMS service providers for identity verification or user-security).
For the use of electronic tax invoices via email (e-Tax Invoice by Email), users must use an email registered through the Google system and authorize the service provider to send instructions to send the email on behalf of the user. The service provider will use the user's email to send the e-Tax Invoice by Email to the recipient's email address, such as the email of the Revenue Department (Public Organization) or ETDA, specified by the user. The sending of e-Tax Invoices by Email through this email will be considered an action performed by the user within the service provider's system. The user shall be responsible for the tax invoice or the content of the email.
Change of Terms of Service
We have been making improvements and changes to the terms of service periodically.
The terms of service were last modified on August 7, 2019.