Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Watana Systems ("Company", "we", "us", or "our") regarding your use of our managed IT services and website.

By engaging our services or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Description of Services

Watana Systems provides managed IT services including but not limited to:

• 24/7 IT support and helpdesk services
• Proactive system monitoring and maintenance
• Cybersecurity solutions and threat management
• Cloud services and migration support
• Data backup and disaster recovery
• Network infrastructure management
• IT consulting and strategic planning

3. Service Level Agreements (SLA)

3.1 Uptime Guarantee

We guarantee 99.9% uptime for monitored systems under our management. This excludes downtime due to:

• Scheduled maintenance windows (with advance notice)
• Customer-initiated changes or upgrades
• Force majeure events beyond our reasonable control
• Third-party service provider outages

3.2 Response Times

We commit to the following response times based on issue severity:

4. Customer Responsibilities

As our customer, you agree to:

• Provide accurate and complete information about your IT environment
• Grant necessary access permissions for service delivery
• Comply with security policies and procedures
• Promptly report any suspected security incidents
• Maintain current backups of critical data
• Follow change management procedures for system modifications
• Pay all fees according to agreed payment terms

5. Payment Terms

5.1 Fees and Billing

Service fees are specified in your service agreement and may include monthly recurring charges, one-time setup fees, and usage-based charges. All fees are exclusive of applicable taxes unless otherwise stated.

5.2 Payment Schedule

Monthly service fees are billed in advance and due within 30 days of invoice date. Late payments may result in service suspension and additional charges.

5.3 Price Changes

We reserve the right to modify service fees with 60 days written notice. Price increases will not exceed 10% annually unless significant scope changes are agreed upon.

6. Data Protection and Privacy

6.1 Data Security

We implement industry-standard security measures to protect your data. However, no system is completely secure, and we cannot guarantee absolute security against all threats.

6.2 Data Backup

While we provide backup services, you remain responsible for maintaining independent backups of critical data. We are not liable for data loss resulting from system failures or security incidents.

6.3 Data Retention

Upon service termination, we will securely delete your data within 30 days unless legally required to retain it longer or unless you request data return.

7. Limitation of Liability

To the maximum extent permitted by law, our total liability for any claims arising from these Terms or our services shall not exceed the total amount paid by you for services in the 12 months preceding the claim.

We shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to:

• Lost profits or business opportunities
• Data loss or corruption
• Business interruption
• Reputation damage

8. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your breach of these Terms
• Your violation of applicable laws or regulations
• Unauthorised use of our services
• Third-party claims related to your data or systems

9. Service Termination

9.1 Termination for Convenience

Either party may terminate services with 30 days written notice. You remain responsible for all fees incurred through the termination date.

9.2 Termination for Cause

We may immediately terminate services if you:

• Fail to pay fees when due
• Breach these Terms or your service agreement
• Use services for illegal or harmful purposes
• Pose a security risk to our systems or other customers

10. Intellectual Property

All intellectual property rights in our services, software, and documentation remain our property. You receive only the limited rights necessary to use our services as intended.

You retain ownership of your data and grant us only the rights necessary to provide services and comply with legal obligations.

11. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the service relationship. This obligation survives termination of services.

12. Force Majeure

Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, cyber attacks, or infrastructure failures.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Thailand. Any disputes shall be resolved through arbitration in Bangkok, Thailand, unless otherwise agreed.

13.2 Escalation Process

Before initiating formal proceedings, parties agree to attempt resolution through:

1. Direct negotiation between authorised representatives
2. Mediation with a mutually agreed mediator
3. Binding arbitration if mediation fails

14. Modifications

We may modify these Terms with 30 days notice. Continued use of services after the effective date constitutes acceptance of modified Terms. Material changes will be highlighted in our communications.

15. Severability

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

16. Entire Agreement

These Terms, together with your service agreement and any applicable schedules, constitute the entire agreement between the parties and supersede all prior negotiations and agreements.

17. Contact Information

For questions about these Terms or to report issues: