Eligibility to Use Services
To use neosmartzity services you must be a business or authorized representative with legal capacity to enter contracts. By engaging our services, you confirm that you have authority to act on behalf of the organization and to provide any materials required for development and deployment.
Clients must be at least 18 years old or have the legal capacity in their jurisdiction to enter into binding agreements on behalf of a business entity.
Services must be requested and used for lawful purposes only. neosmartzity will not develop software that facilitates illegal activity, infringes rights, or violates export controls or sanctions applicable to Thailand or international law.
Access to certain services may be restricted in some countries due to regulatory or contractual limitations. neosmartzity does not assume responsibility for complying with local regulations beyond the scope agreed in the contract; clients are expected to inform us of relevant local requirements.
Account and Access
When work involves client access to development platforms, staging, or production environments, account credentials must be provided and maintained securely. Accounts created by neosmartzity for collaboration remain subject to these terms and the agreed project scope.
Clients are responsible for providing accurate and complete information necessary for project delivery, including business requirements, existing systems documentation, and contact details. Delays caused by incomplete or inaccurate information may affect timelines and costs.
Clients must protect access credentials and promptly notify neosmartzity of any suspected account compromise. neosmartzity uses industry-standard security measures, but clients are expected to follow recommended security practices for their environments.
Account access, credentials, and project subscriptions are non-transferable without explicit written consent from neosmartzity. Transfers may require verification and updated agreements.
If you suspect unauthorized access or a security incident involving accounts provided by or used with neosmartzity, notify support immediately at +66901153888 or [email protected] so we can take coordinated measures to secure systems and limit impact.
neosmartzity may suspend access to services if we reasonably believe there is a risk to security, fraud, or violation of these terms. Suspension will be communicated alongside steps required to restore access when appropriate.
Service Scope
neosmartzity provides custom software development, API integration, cloud deployment, maintenance, and advisory services tailored to business needs. Specific deliverables, timelines, and milestones are defined in individual project agreements or statements of work between the client and neosmartzity.
Project scope, features, and timelines may be modified by mutual written agreement. Change requests outside the original scope may affect cost and schedule; neosmartzity will document changes and provide an updated estimate before proceeding.
neosmartzity strives to maintain availability for contracted services and support. Availability commitments, service levels, and maintenance windows will be specified in the client's service agreement where applicable.
Usage Rules and Acceptable Conduct
To ensure a productive working relationship and protect systems, clients and their users must follow these rules:
- Do not attempt to gain unauthorized access to neosmartzity systems or other clients' environments.
- Provide timely and accurate information required for project delivery.
- Do not upload or request development of content that infringes third-party rights or is unlawful.
- Cooperate with scheduled testing, acceptance, and deployment activities.
- Respect scheduled payment terms as set out in the project agreement.
- Use provided testing and staging environments responsibly and only for authorized purposes.
- Report security concerns, bugs, or compliance issues promptly to neosmartzity support.
Client Content and Materials
Clients may supply code, data, activity, documentation, and other content necessary for project completion ("Client Content"). Clients retain ownership of their preexisting materials; neosmartzity will use them only as permitted to deliver services.
Proof of ownership or appropriate rights to use Client Content must be provided. Where clients supply third-party licensed components, they are responsible for ensuring licenses permit intended use within the project.
By submitting Client Content, you grant neosmartzity a non-exclusive, limited license to use, copy, and modify such content solely to perform the agreed services, test integrations, and deploy deliverables for your benefit.
Clients are responsible for the accuracy, legality, and compliance of all materials they provide. neosmartzity is not responsible for defects or liabilities arising from misuse of client-supplied content.
If Client Content must be removed for legal or compliance reasons, neosmartzity will cooperate to remove or disable access promptly once provided with reasonably sufficient details and legal basis.
Intellectual Property Rights
Intellectual property ownership of work produced is defined in each client agreement. Typically, client-specific deliverables paid in full transfer agreed rights to the client, while neosmartzity retains ownership of preexisting tools, frameworks, libraries, and general know-how used to create the deliverable.
- Clients may not remove or alter proprietary notices on neosmartzity-owned components integrated into deliverables without written permission.
- neosmartzity will not include third-party components with restrictive licenses without disclosing such dependencies to the client.
- Any transfer of intellectual property rights will be documented in writing and subject to full payment of agreed fees.
Paid Services and Fees
Projects, support subscriptions, and licensing for delivered software are paid services. Fees, billing schedules, and acceptance criteria are outlined in client proposals and contracts, which form part of these terms.
Pricing is based on scope, complexity, resources required, and delivery timeline. Estimates provided by neosmartzity are valid for the period specified in the proposal and may be revised if requirements change.
Payment terms are specified in the project agreement. Unless otherwise agreed, invoices are due within the period stated on the invoice. Accepted payment methods will be listed in the contract or invoice.
For subscription-based maintenance or hosting services, recurring billing applies as stated in the subscription terms. Renewal and cancellation terms will be explicit in the agreement.
Refunds are evaluated on a case-by-case basis in accordance with the contractual terms. Where work has been delivered and accepted, refunds are limited by the terms in the contract.
Either party may cancel services as provided in the agreement. Cancellation may trigger fees for work completed to date, non-recoverable costs, and any notice periods specified in the contract.
Clients are responsible for applicable taxes, duties, or tariffs on services, excluding taxes that neosmartzity is legally required to collect. Invoices will indicate applicable taxes where relevant.
neosmartzity may adjust pricing for ongoing subscriptions or services with prior notice as stated in the relevant agreement. Changes will not affect fees already agreed for completed milestones.
Non-payment may result in suspension of services, withholding of deliverables, or termination under the procedures set out in the service agreement until outstanding balances are resolved.
Disclaimer of Warranties
Services are provided "as is" to the extent permitted by law. neosmartzity strives for professional quality and reasonable care in delivering software, but does not warrant uninterrupted service or error-free operation in all environments. Client acceptance testing procedures define when deliverables meet agreed requirements.
Limitation of Liability
To the extent permitted by law, neosmartzity's total liability arising from or related to the services will be limited to the fees paid by the client for the specific project giving rise to the claim. Neither party will be liable for consequential or indirect damages except where required by applicable law.
Third-Party Services and Components
Projects may rely on third-party software, platforms, or services. neosmartzity will disclose such dependencies where they materially affect the project. Clients are responsible for complying with third-party terms and for costs associated with third-party services unless otherwise agreed.
Termination of Services
Either party may terminate the engagement as provided in the written agreement. Upon termination, outstanding fees for work performed, expenses, and transition costs are due according to the contract terms.
On termination, neosmartzity will, where appropriate and subject to payment of outstanding fees, hand over deliverables, documentation, and necessary access to enable client transition. Retained proprietary tools and preexisting IP will remain owned by neosmartzity unless explicitly assigned.
Privacy and Data Protection
neosmartzity collects and processes client data necessary to perform contracted services. We implement administrative and technical measures to protect personal and business data in line with industry practices. Specific data handling details are provided in our privacy policy and in project-level data processing agreements where required.
Communications and Notices
Official notices under these terms must be in writing and sent to the contact details in the project agreement or to Soi Ramkhamhaeng 112, Bangkok District, Bangkok 10240, Thailand for neosmartzity. Electronic communications and email are acceptable for routine project correspondence.
Changes to These Terms
neosmartzity may update these Terms of Service from time to time to reflect changes in law or business operations. Material changes affecting existing projects will be communicated to clients with reasonable notice and will not apply retroactively to completed agreements without mutual consent.
Governing Law
These terms and any disputes arising from them are governed by the laws applicable to the agreement as specified in the client contract. For engagements governed by Thai law, the courts of Thailand will have jurisdiction unless otherwise agreed in writing.
Dispute Resolution
Parties will seek to resolve disputes in good faith through negotiation. If a resolution cannot be reached, disputes may proceed to mediation or arbitration as agreed in the contract. The contract will specify the dispute resolution process applicable to the engagement.
Contact Information