Terms & Conditions

1. Definitions

In these Terms & Conditions, the following terms have these meanings:

• "Service" or "Services" refers to AI implementation consulting, advisory services, and related professional services provided by Orbinth
• "User," "You," or "Client" refers to any individual or organization accessing our website or engaging our services
• "We," "Us," or "Our" refers to Orbinth, a business entity operating in Thailand
• "Agreement" refers to these Terms & Conditions along with any service-specific agreements
• "Website" refers to all web pages operated under the orbintesvs.live domain

2. Acceptance of Terms

By accessing our website, submitting inquiries, or engaging our services, you agree to be bound by these Terms & Conditions. If you do not agree with any part of these terms, you should not use our website or services.

You must be at least 18 years old and have the legal capacity to enter into binding agreements to use our services. By accepting these terms, you represent that you meet these requirements.

If you are accepting these terms on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

3. Service Description

3.1 Services Offered

Orbinth provides AI implementation consulting and advisory services in Thailand, including but not limited to:

• AI Awareness Briefings for organizational leadership
• AI in Education Readiness Programs for educational institutions
• Full-Stack AI Implementation Partnerships for operational integration

3.2 Service Availability

We provide services primarily to organizations located in Thailand, though we may occasionally work with clients in other locations. Service availability is subject to our capacity and expertise assessment.

3.3 No Guarantees of Specific Results

While we strive to deliver high-quality services, we do not guarantee specific outcomes from AI implementation. Results depend on numerous factors including organizational readiness, resource allocation, and external conditions beyond our control.

4. User Responsibilities

4.1 Accurate Information

You agree to provide accurate, complete, and current information when using our services or communicating with us. You are responsible for maintaining the accuracy of information you provide.

4.2 Prohibited Activities

When using our website or services, you agree not to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit malicious code or attempt to disrupt our systems
• Misrepresent your identity or affiliation
• Use our services for any unlawful or fraudulent purpose
• Attempt to gain unauthorized access to our systems or data

4.3 Cooperation During Engagements

During service engagements, you agree to provide reasonable access to information, personnel, and resources necessary for us to deliver services effectively. Delays or limitations in such access may affect timelines and outcomes.

5. Intellectual Property

5.1 Our Intellectual Property

All content on our website, including text, graphics, logos, designs, methodologies, and software, is owned by Orbinth or licensed to us and protected by copyright, trademark, and other intellectual property laws.

5.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to access and use our website for legitimate business purposes. You may not reproduce, distribute, modify, or create derivative works from our content without written permission.

5.3 Client Materials

You retain all rights to materials, data, and intellectual property you provide to us. By engaging our services, you grant us a license to use such materials solely for the purpose of delivering services to you.

5.4 Work Product

Deliverables created specifically for you during service engagements become your property upon full payment. However, we retain rights to general methodologies, frameworks, and knowledge developed during our work with you.

6. Payment Terms

6.1 Service Fees

Service fees are specified in individual service agreements or proposals. Fees are quoted in Thai Baht (฿) unless otherwise agreed.

6.2 Payment Schedule

Payment terms vary by service type. Typically, payment is required as follows:

• AI Awareness Briefing: Payment in full before session delivery
• Education Readiness Program: 50% upfront, 50% upon completion
• Full-Stack Implementation Partnership: Phased payments aligned with project milestones

6.3 Additional Costs

Service fees do not include third-party software licenses, cloud platform costs, or other external expenses unless explicitly stated. We will provide transparent projections of such costs during initial consultations.

6.4 Late Payment

Invoices are due within 30 days of issuance unless otherwise specified. Late payments may be subject to interest charges at a rate of 1.5% per month or the maximum rate permitted by Thai law, whichever is lower.

7. Engagement Terms

7.1 Service Agreements

Specific service engagements are governed by written agreements or statements of work that supplement these general Terms & Conditions. In case of conflict, specific service agreements take precedence.

7.2 Timeline Modifications

Project timelines are estimates based on reasonable assumptions. Actual timelines may vary due to factors including client responsiveness, scope changes, or unforeseen complexities. We will communicate promptly about any timeline adjustments.

7.3 Scope Changes

Changes to project scope require written agreement and may affect timelines and fees. We will provide estimates for scope changes before proceeding with additional work.

8. Disclaimers

8.1 Services "As Is"

Our services are provided "as is" without warranties of any kind, either express or implied. We do not guarantee that our services will be uninterrupted, error-free, or meet specific requirements.

8.2 Professional Advice Disclaimer

While we strive to provide accurate and helpful guidance, our services do not constitute legal, financial, or investment advice. You should consult with qualified professionals in those areas as appropriate.

8.3 Technology Limitations

AI technology continues to evolve and has inherent limitations. We cannot guarantee AI systems will perform perfectly or that AI implementation will solve all identified business challenges.

9. Limitation of Liability

To the fullest extent permitted by law, Orbinth's total liability to you for any claims arising from our services or these terms shall not exceed the total fees paid by you to us in the twelve months preceding the claim.

We are not liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from your misuse of our services
• Issues arising from third-party services or software

These limitations apply regardless of the legal theory under which liability is claimed, whether in contract, tort, or otherwise.

10. Indemnification

You agree to indemnify, defend, and hold harmless Orbinth, its employees, and contractors from any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from: your use of our services, your violation of these terms, your violation of any law or regulation, or your infringement of any third-party rights.

11. Termination

11.1 Termination by Client

You may terminate service agreements at phase boundaries as specified in individual service contracts. Termination outside designated phase boundaries may require payment for work completed and committed resources.

11.2 Termination by Orbinth

We may terminate service agreements if you breach these terms, fail to make required payments, or if we determine in good faith that continuing the engagement would not serve your interests.

11.3 Effect of Termination

Upon termination, you remain obligated to pay for services delivered up to the termination date. Provisions regarding confidentiality, intellectual property, and liability survive termination.

12. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during service engagements. This obligation continues for three years following engagement completion, except for information that:

• Is publicly available through no breach of this agreement
• Was rightfully known before disclosure
• Is independently developed without reference to confidential information
• Must be disclosed by law or court order

13. Dispute Resolution

13.1 Governing Law

These Terms & Conditions are governed by the laws of Thailand. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of Thailand.

13.2 Informal Resolution

Before initiating formal legal proceedings, parties agree to attempt informal resolution through good-faith negotiation. Either party may request a meeting to discuss and attempt to resolve the dispute.

13.3 Mediation

If informal resolution is unsuccessful, parties agree to attempt mediation before pursuing litigation. Mediation costs shall be shared equally unless otherwise agreed.

14. General Provisions

14.1 Entire Agreement

These Terms & Conditions, together with any service-specific agreements, constitute the entire agreement between you and Orbinth regarding use of our services.

14.2 Severability

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

14.3 Waiver

Our failure to enforce any provision of these terms does not constitute a waiver of that provision or our right to enforce it in the future.

14.4 Assignment

You may not assign your rights or obligations under these terms without our written consent. We may assign our rights and obligations to a successor entity in the event of a business transfer.

14.5 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, acts of government, labor disputes, or other force majeure events.

15. Changes to Terms

We may update these Terms & Conditions periodically. When we make material changes, we will notify you by:

• Posting the updated terms on our website with a new effective date
• Sending email notification to active clients
• Providing notice during ongoing service engagements

Continued use of our services after changes indicates acceptance of updated terms. Changes do not apply retroactively to existing service agreements unless mutually agreed in writing.

16. Contact Information

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