Terms & Conditions
These Terms and Conditions govern the use of the Bodhi Reach website and the engagement of our professional advisory services. By using this website or instructing our services, you confirm your agreement to these terms.
Please read these terms carefully. They affect your legal rights and obligations. If you have any questions before engaging our services, we encourage you to contact us for clarification before proceeding.
1. Interpretation and Definitions
In these Terms and Conditions, the following terms have the meanings set out below unless the context otherwise requires:
- "Bodhi Reach", "we", "us", "our" refers to the advisory practice operating under that name at 199/3 Sukhumvit Road, Soi 21 (Asoke), Watthana, Bangkok 10110, Thailand
- "Client", "you", "your" refers to any individual or organisation that accesses this website or engages our services
- "Services" refers to the PDPA compliance advisory services described on this website and in any service engagement letter or proposal issued by Bodhi Reach
- "Website" refers to the site accessible at bodhi-reach.biz and all associated pages
- "Engagement Letter" refers to any written proposal, scope of work document, or service agreement issued by Bodhi Reach and accepted by the Client
- "Deliverables" refers to documents, reports, templates, assessments, and other outputs produced by Bodhi Reach in connection with an engagement
- "PDPA" refers to Thailand's Personal Data Protection Act B.E. 2562 (2019) and any amendments or subordinate regulations issued thereunder
2. Website Use
2.1 Permitted Use
You may access and use this website for your own personal and business information purposes. You may not reproduce, redistribute, or commercially exploit website content without our prior written consent.
2.2 Accuracy of Content
Information published on this website is provided for general informational purposes only. While we endeavour to keep it current and accurate, it does not constitute legal advice. You should not rely on website content as a substitute for professional consultation appropriate to your specific circumstances.
2.3 Prohibited Conduct
You must not use this website in any way that violates applicable laws or regulations, that is fraudulent or deceptive, that transmits or facilitates the transmission of unsolicited communications, or that could harm, disable, or impair the website or interfere with any other party's use of it.
3. Advisory Services
3.1 Nature of Services
Bodhi Reach provides compliance advisory services, including gap analysis, documentation preparation, and DPO advisory support. Our services are advisory in nature. We are not a law firm and our services do not constitute legal advice regulated under the Lawyers Act of Thailand. For matters requiring legal representation or legal advice in connection with litigation or regulatory proceedings, you should engage a qualified Thai lawyer.
3.2 Engagement Process
A service engagement commences upon your written acceptance of an Engagement Letter issued by Bodhi Reach. The Engagement Letter sets out the specific scope of services, deliverables, timeline, and fees applicable to your engagement. These Terms and Conditions are incorporated into and form part of every Engagement Letter.
3.3 Client Obligations
You agree to provide accurate, complete, and timely information as reasonably required for us to perform the Services. We are not responsible for outcomes that are adversely affected by inaccurate, incomplete, or delayed information provided by you.
3.4 Change of Scope
Any material change to the agreed scope of services must be agreed in writing between both parties. Additional services outside the original scope may be subject to additional fees.
4. Fees and Payment
4.1 Service Fees
Fees for our services are as set out in the applicable Engagement Letter or, for the service tiers described on this website, at the prices listed on our Solutions page. All fees are quoted in Thai Baht (฿) and are inclusive of applicable VAT unless otherwise stated.
4.2 Payment Terms
Unless otherwise specified in the Engagement Letter, payment terms are as follows: a deposit of 50% of the total agreed fee is due upon engagement commencement; the remaining 50% is due upon delivery of the final Deliverables. Payment is due within 14 calendar days of the date of invoice.
4.3 Late Payment
Invoices not settled within 14 days of their due date may be subject to a late payment charge of 1.5% per month on the outstanding balance. We reserve the right to suspend service delivery where payments are materially overdue, subject to providing you with reasonable notice.
4.4 Cancellation
If you cancel an engagement after commencement, fees for work completed to the date of cancellation will remain payable. Where a deposit has been paid and no substantive work has commenced, the deposit may be refunded at our discretion.
5. Intellectual Property
5.1 Website Content
All content on this website, including text, design, graphics, and underlying code, is owned by or licensed to Bodhi Reach and is protected by applicable intellectual property law. No licence to use such content is granted beyond what is necessary to view and use the website for its intended purpose.
5.2 Deliverables
Upon receipt of full payment for a completed engagement, Bodhi Reach grants you a non-exclusive, perpetual licence to use the Deliverables produced for that engagement for your own internal business purposes. You may adapt the Deliverables to reflect changes in your organisation's practices.
5.3 Underlying Methodology
Bodhi Reach retains ownership of all methodologies, frameworks, templates, analytical tools, and know-how developed independently of your engagement and used in the course of performing the Services. These are not transferred to you as part of the Deliverables licence.
6. Confidentiality
Each party agrees to keep confidential any information disclosed by the other party that is identified as confidential or that a reasonable person would consider confidential in the circumstances, and to use such information only for the purposes of the engagement. This obligation does not apply to information that is publicly available through no fault of the receiving party, that was already known to the receiving party prior to disclosure, or that is required to be disclosed by law or court order. The confidentiality obligations in this clause survive termination of the engagement for a period of three years.
7. Limitation of Liability
7.1 Cap on Liability
To the maximum extent permitted by applicable Thai law, our total aggregate liability to you in connection with any engagement, whether arising in contract, tort, or otherwise, shall not exceed the total fees paid by you for the specific engagement that gave rise to the claim.
7.2 Exclusion of Consequential Loss
We shall not be liable for any indirect, consequential, incidental, or special loss or damage arising out of or in connection with our services or these Terms, including loss of profit, revenue, business, contracts, data, or goodwill, even if we have been advised of the possibility of such loss.
7.3 Regulatory Outcomes
Our services are designed to support and improve your organisation's PDPA compliance position. However, we cannot warrant specific regulatory outcomes, the decisions of the Personal Data Protection Committee, or the conduct of third parties. Compliance outcomes depend on many factors within your organisation's control.
8. Disclaimers
This website and its contents are provided on an "as is" basis without warranties of any kind, express or implied, including but not limited to warranties of accuracy, fitness for a particular purpose, or non-infringement. We do not warrant that the website will be continuously available, free from errors, or free from viruses or other harmful components. We reserve the right to modify or withdraw content from the website at any time without notice.
9. Third-Party Links
This website may contain links to external websites operated by third parties. Such links are provided for your convenience and informational purposes only. We do not endorse, control, or assume responsibility for the content or practices of any third-party website. Accessing third-party sites is at your own risk and subject to their respective terms and policies.
10. Termination
Either party may terminate an engagement by giving the other party written notice, subject to payment of fees for work completed to the date of termination as described in Clause 4.4. We reserve the right to terminate an engagement with immediate effect in circumstances where you have materially breached these Terms and have failed to remedy the breach within 14 days of written notice, or where continued engagement would require us to act in a manner inconsistent with applicable professional or legal obligations.
11. Governing Law and Disputes
These Terms and Conditions and any engagement with Bodhi Reach are governed by and construed in accordance with the laws of the Kingdom of Thailand. Any dispute arising out of or in connection with these Terms shall first be referred to good faith negotiation between the parties. If not resolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts of the Kingdom of Thailand.
12. Changes to These Terms
We may update these Terms and Conditions from time to time. The current version will always be available on this page, with the "Last Revised" date updated accordingly. Your continued use of this website after any update constitutes your acceptance of the revised Terms. For existing service engagements, changes to these Terms will not affect the terms already agreed in the applicable Engagement Letter unless both parties agree in writing.
13. Contact
If you have any questions about these Terms and Conditions, or wish to discuss a specific aspect before engaging our services, please contact us:
Bodhi Reach
199/3 Sukhumvit Road, Soi 21 (Asoke), Watthana, Bangkok 10110
Email: [email protected]
Telephone: +66 2 664 8173
Questions before engaging our services? We are happy to clarify anything in these terms.