Terms of Service
These Terms of Service set out the standard working arrangements between Eqco Creative Co., Ltd. (“Eqco”) and each client engaging Eqco’s services (“the Client”).
They are intended to keep projects clear, fair, and professionally managed. If any provision raises a concern, please discuss it with us before approving a proposal or instructing work to begin.
Acceptance of these terms
These Terms of Service apply to all services provided by Eqco unless different terms are expressly agreed in writing.
The Client accepts these terms by:
Signing or approving an Eqco proposal, quotation, agreement, or scope of work.
Confirming acceptance by email or another written electronic message.
Paying a deposit or other project invoice.
Instructing Eqco to begin or continue work.
The person approving the project confirms that they have authority to act on behalf of the Client.
The agreement between Eqco and the Client consists of:
Any separately signed agreement.
The accepted proposal, quotation, or scope of work.
These Terms of Service.
If there is a conflict between these documents, they take precedence in the order shown above.
The version of these Terms of Service published on the date the project is accepted will apply to that project. Later changes will not apply retrospectively unless agreed by both parties.
Fees, invoices, and payment
All fees are payable in Thai baht unless otherwise agreed in writing.
Invoices are payable within seven days of issue unless a different payment period is stated in the applicable proposal or invoice.
Eqco may require an initial payment of up to 50% before reserving production time or beginning work. Initial payments are non-refundable once project time has been reserved or work has commenced.
The Client may not withhold, reduce, defer, or offset payment because of an unrelated claim or dispute.
Unless expressly stated otherwise, fees exclude:
Thai VAT and any other applicable taxes.
Bank charges, correspondent-bank fees, and international transfer costs.
Currency conversion costs.
Third-party purchases and approved project expenses.
Thai VAT will be added where applicable.
Where the Client is required to deduct Thai withholding tax, the Client may deduct the applicable statutory amount from the payment and must provide Eqco with a valid withholding tax certificate promptly after payment. Properly documented Thai withholding tax will be treated as tax paid on Eqco’s behalf and will not be considered an outstanding balance.
For payments originating outside Thailand, the Client must notify Eqco before appointment if local laws require tax or other deductions from the invoiced amount. The treatment of any such deduction will be agreed within the applicable proposal or contract.
International transfer fees, correspondent-bank charges, and currency conversion costs are the Client’s responsibility and should not be deducted from the invoiced Thai baht amount.
Approved third-party costs, licences, purchases, and non-cancellable commitments may be invoiced in advance.
Eqco may suspend work, withhold deliverables, delay a launch, or decline further instructions while an invoice remains overdue. Any resulting delay will not constitute a failure by Eqco to meet the original schedule.
Overdue amounts may incur interest at 1.5% per month, or the maximum amount permitted by applicable law if lower, together with reasonable recovery and collection costs.
Client responsibilities
The Client agrees to:
Provide complete, accurate, and approved information and materials in usable formats.
Appoint one authorised project contact to provide instructions and approvals.
Provide clear, complete, and consolidated feedback within the agreed review periods.
Ensure that internal stakeholders review the work before consolidated feedback is submitted.
Confirm all factual, technical, financial, legal, regulatory, and commercial information before publication or production.
Obtain any internal, landlord, governmental, regulatory, or third-party approvals required for the project.
Make decisions and provide approvals within the timeframe required to maintain the agreed schedule.
Notify Eqco promptly of any issue that could affect the scope, schedule, or delivery of the work.
Eqco may rely on instructions, feedback, and approvals provided by the Client’s appointed representative.
Delays caused by incomplete materials, conflicting instructions, fragmented feedback, changed decisions, or unavailable Client representatives may affect the schedule and fees.
Content and materials supplied by the Client
The Client remains responsible for all content, claims, information, instructions, and assets supplied to Eqco.
The Client confirms that:
It owns the supplied materials or has all necessary rights and permissions to use them.
Eqco is authorised to use, reproduce, edit, adapt, and share those materials as reasonably required to provide the services.
The materials do not knowingly infringe any copyright, trademark, privacy, confidentiality, publicity, or other third-party rights.
All descriptions, prices, measurements, plans, specifications, claims, statistics, legal notices, and regulatory statements are accurate and approved.
Eqco is not responsible for independently verifying Client-supplied information or determining whether the Client’s claims comply with applicable laws or regulations.
The Client will be responsible for claims, losses, or costs arising from materials, information, or instructions supplied by the Client, except to the extent that the claim results directly from Eqco’s unauthorised alteration or misuse of those materials.
Proposals and scope of work
Each project will be defined by an Eqco proposal, quotation, estimate, or written scope of work.
The agreed fees cover only the services and deliverables expressly described within that document. Any item not specifically included should be considered outside the agreed scope.
Examples of additional work may include:
Additional pages, formats, versions, sizes, languages, or deliverables.
New concepts or creative directions requested after a direction has been approved.
Changes to previously approved content, structure, functionality, or design.
Additional meetings, presentations, consultation, or project management beyond the agreed scope.
Reworking caused by inaccurate, incomplete, or subsequently changed information.
Specialist production, photography, filming, illustration, animation, development, printing, licensing, travel, or third-party services.
Urgent work or substantial changes to an agreed production schedule.
Eqco will identify material additional work and agree the applicable fee before proceeding wherever reasonably practical. Small or time-sensitive requests may be charged at the hourly rate stated in the proposal or, where no rate is stated, at THB 4,000 per hour.
Estimates are based on the information available when they are prepared. If the project brief, required deliverables, technical requirements, source materials, or working conditions materially change, Eqco may revise the fees and schedule.
Revisions and approvals
Unless otherwise stated, each deliverable includes up to three consolidated rounds of revisions.
A revision round means one complete set of coordinated feedback submitted at one time by the Client’s authorised representative.
The following may be treated as additional work:
Fragmented feedback received at different times.
Conflicting instructions from different stakeholders.
Rejection of an approved direction.
Requests for additional concepts.
Changes that materially alter the agreed brief.
Changes requested after final approval.
Revisions exceeding the number included in the proposal.
Approval of a concept, script, structure, page plan, design direction, prototype, proof, or production stage closes that stage. Work required to revisit an approved stage may affect both fees and timing.
Eqco is not required to begin a dependent stage until the necessary preceding concept, content, or direction has been approved.
Proofing and corrections
Eqco will take reasonable professional care in preparing all work.
Before approving any deliverable, the Client must check:
Names, spelling, grammar, and contact details.
Prices, dates, measurements, specifications, and statistics.
Floor plans, maps, diagrams, technical information, and sales claims.
Legal, regulatory, copyright, and trademark information.
Image selection, placement, and final production specifications.
Errors introduced by Eqco and identified before final approval will be corrected without additional charge.
Final approval confirms that the Client has reviewed and accepted the deliverable. Changes or corrections requested after approval may be treated as additional work.
Where an error is discovered after approval, Eqco will correct an Eqco-created error in the working file where reasonably practical. Eqco is not responsible for printing, media, installation, production, replacement, distribution, development, or other third-party costs incurred after the Client has approved the relevant proof or deliverable.
Timelines and delivery
Project timelines are indicative targets unless expressly stated to be contractually binding.
Eqco will make reasonable efforts to meet agreed schedules and will progress workstreams in parallel where practical. However, some stages depend on the approval of preceding concepts, content, scripts, structures, or technical directions.
Timelines may be affected by:
Delayed feedback, approvals, decisions, or payments.
Missing, incomplete, inaccurate, or changed materials.
Additional work or changes to the agreed scope.
Third-party availability or technical performance.
Illness, emergencies, infrastructure failures, government action, civil disruption, natural disasters, or other circumstances outside Eqco’s reasonable control.
Where a Client delay affects the production schedule, delivery dates will move by at least the corresponding period. Eqco may need to reschedule the work around other confirmed projects.
Urgent deadlines or changes to an agreed schedule are subject to Eqco’s availability and may incur additional fees.
Inactive and suspended projects
A project may be treated as inactive if the Client does not provide required materials, feedback, approval, or communication for more than 30 days.
When a project becomes inactive, Eqco may:
Invoice completed work and approved third-party costs.
Remove the project from the active production schedule.
Withhold incomplete or final deliverables pending payment.
Provide a revised schedule when the Client is ready to resume.
If inactivity continues for more than 60 days, Eqco may close the project and treat it as cancelled.
Resuming a closed or significantly delayed project is subject to Eqco’s availability. A restart fee or revised quotation may apply where files, personnel, suppliers, software, costs, or project requirements have changed.
Cancellation and termination
The Client may cancel a project by giving written notice.
Following cancellation, the Client must pay for:
All completed project stages.
Work performed on any partially completed stage.
Approved additional work.
Non-cancellable third-party costs and commitments.
Any overdue invoices.
Partially completed work will be calculated using the hourly rate stated in the proposal or, where no rate is stated, THB 4,000 per hour. Except for approved additional work and third-party commitments, cancellation charges will not exceed the remaining value of the agreed project fee.
Initial payments will be applied against the amount due and are not automatically refundable.
Eqco may suspend or terminate a project if:
Payments remain overdue.
The Client repeatedly fails to provide instructions, materials, or approvals.
The Client requests unlawful, misleading, infringing, or professionally improper work.
Persistent interference or conflicting instructions make professional delivery impractical.
The Client or its representatives behave in an abusive, threatening, or seriously unreasonable manner.
Continuing the work may expose Eqco to legal, financial, security, or reputational harm.
Where reasonably possible, Eqco will provide written notice and an opportunity to remedy the issue before terminating the project.
If Eqco terminates a project without cause and is unable to complete agreed work, Eqco will refund any payment relating solely to services not yet performed, after deducting completed work and committed costs.
Intellectual property
Client materials
The Client retains ownership of materials it supplies to Eqco.
Eqco background materials
Eqco retains ownership of its existing and independently developed:
Processes, methods, systems, know-how, and creative techniques.
Templates, frameworks, libraries, code, tools, and production systems.
Working files, preparation materials, research, sketches, tests, and drafts.
Unused, rejected, or unselected concepts.
Materials not created exclusively for the Client.
Where Eqco background materials are incorporated into a final deliverable, the Client receives a perpetual licence to use those materials as part of the approved final deliverable, but not to extract, resell, distribute, or repurpose them independently.
Final deliverables
Once Eqco has received full payment of all invoices relating to the project, the Client will own the copyright in final creative deliverables created exclusively for the Client, to the extent that those rights are legally transferable.
Ownership is limited to the final approved deliverables expressly included in the agreed scope.
No ownership or usage rights transfer while any project invoice remains unpaid.
Unused concepts
Unused, rejected, or unapproved concepts remain the property of Eqco and may not be copied, adapted, reproduced, disclosed to another agency for development, or used as the basis for other work without Eqco’s written permission.
Eqco may retain, adapt, reuse, and display unused concepts in its portfolio, website, social media, presentations, credentials, publications, and award entries. Eqco may also reuse general ideas, techniques, layouts, methods, and design approaches, provided that this does not disclose the Client’s confidential information or reproduce a distinctive Client-specific final design.
Unused concepts relating to an identifiable Client project will not normally be published before that project has been publicly announced or launched. Eqco may remove or replace confidential information, unreleased details, and restricted Client or third-party assets before publication. Where appropriate, the work may be identified as an unused concept or proposed creative direction.
Editable and working files
Project fees cover only the final deliverables stated in the proposal. Editable source files, raw project files, layered artwork, development files, unused footage, production files, prompts, working documents, and internal preparation materials are not included unless expressly stated.
If the Client requests editable or working files, their release will be subject to Eqco’s approval and additional fees, which will be quoted based on the nature and extent of the files requested. Payment of the original project fee does not automatically entitle the Client to receive these materials.
Where editable files are supplied, all applicable third-party restrictions and licence requirements will continue to apply.
Third-party materials and licences
Third-party materials remain subject to the rights and restrictions imposed by their owners or licence providers.
These may include:
Fonts and typefaces.
Stock photography, video, illustration, music, and sound effects.
Software, plug-ins, applications, APIs, and hosted services.
Website themes, platform components, integrations, and code libraries.
Artificial intelligence tools and generated content.
Architectural renders, photography, footage, and materials created by other suppliers.
The Client is responsible for purchasing and maintaining any licences required for its continuing use of the final deliverables unless the proposal expressly states that a licence is included.
Eqco cannot transfer font files, software, accounts, subscriptions, or other licensed materials where transfer is prohibited.
Availability and pricing of third-party materials may change. If an approved asset becomes unavailable, Eqco may recommend a reasonable alternative.
Artificial intelligence and generated content
Where agreed, Eqco may use artificial intelligence tools as part of research, concept development, image generation, animation, editing, production, or other creative processes.
The Client acknowledges that:
AI-generated results may not be exclusive.
Similar or identical results may be generated for other users.
Ownership and copyright protection may vary between jurisdictions.
AI-generated content may require editing, adaptation, or additional checking.
Eqco cannot guarantee that AI-generated material is suitable for trademark registration or exclusive ownership.
Eqco will use reasonable professional judgement when selecting and refining generated content. The Client remains responsible for approving its final use.
Eqco will not knowingly upload confidential Client information to a public AI system where doing so would materially compromise that information.
Websites and digital services
Unless ongoing support is included in the proposal, website services cover design, development, setup, testing, and launch only.
The Client is responsible for:
Maintaining domains, hosting, platform subscriptions, licences, accounts, and payment methods.
Protecting passwords and administrator access.
Maintaining suitable backups after handover.
Keeping content, privacy notices, cookie notices, policies, and legal information current.
Complying with applicable privacy, accessibility, e-commerce, advertising, and data-protection requirements.
Arranging ongoing maintenance, security monitoring, updates, and technical support where required.
Eqco will test websites using reasonable professional methods and current mainstream browsers and devices. Eqco cannot guarantee identical presentation across every browser, device, operating system, screen, or future software version.
Unless maintenance is included, Eqco is not responsible for problems arising after handover due to:
Client or third-party changes.
Platform updates or discontinued features.
Expired subscriptions or licences.
Third-party integrations, plug-ins, APIs, hosting, or domain services.
Malware, compromised credentials, cyberattacks, or unauthorised access.
Changes in browsers, devices, search engines, or applicable technical standards.
Technical defects within the agreed scope that are reported within 14 days of launch or handover will be investigated and corrected without charge where they result directly from Eqco’s work.
Eqco does not guarantee search rankings, visitor numbers, enquiries, sales, revenue, system uptime, or other commercial performance unless a specific written performance commitment is included in the proposal.
Data protection and privacy
Each party will take reasonable care when handling personal or confidential information received during the project.
The Client remains responsible for determining the legal basis on which it collects and uses customer, employee, or third-party personal data.
Unless otherwise agreed, Eqco acts only on the Client’s instructions when configuring forms, mailing systems, analytics, databases, or other tools that process personal data.
The Client is responsible for supplying suitable privacy notices, consent wording, cookie policies, retention rules, and other legally required information.
Where a project involves substantial processing of personal data, either party may request a separate data-processing agreement.
Confidentiality
Each party agrees to protect confidential information received from the other and to use it only for the relevant project.
Confidential information does not include information that:
Is already lawfully known to the receiving party.
Becomes public without a breach of confidentiality.
Is received lawfully from another source.
Is independently developed without using the confidential information.
Must be disclosed by law, regulation, or court order.
Eqco may share confidential information with employees, contractors, professional advisers, and service providers who reasonably need it to perform the work and are subject to appropriate confidentiality obligations.
If the parties have signed a separate non-disclosure agreement, that agreement will take precedence where it imposes different confidentiality requirements.
Portfolio and publicity rights
Unless restricted by a separate non-disclosure agreement or written confidentiality arrangement, Eqco may display completed and publicly released work in its portfolio, website, social media, presentations, award entries, credentials, and business-development materials.
Eqco will not knowingly publish confidential information, commercially sensitive materials, or unreleased work before the Client has made the project public.
Any required launch embargo or permanent restriction on portfolio use must be agreed in writing before the project begins.
Subcontractors and suppliers
Eqco may engage suitably qualified employees, freelancers, developers, production partners, consultants, and specialist suppliers where reasonably required to deliver the project.
Eqco remains responsible for managing the services it directly commissions, but is not responsible for failures, outages, delays, policy changes, or discontinued services affecting independent platforms or suppliers outside Eqco’s reasonable control.
Where the Client appoints or contracts directly with a third party, Eqco is not responsible for that party’s work, costs, performance, or schedule.
Additional work required because of a third party’s errors, delays, incompatible files, or changed requirements may be quoted separately.
File storage and archiving
The Client is responsible for downloading, storing, and backing up final deliverables after handover.
Eqco will normally retain project files for at least 6 months after final delivery but does not guarantee permanent archival storage.
After that period, files may be deleted without notice. Retrieval, restoration, conversion, or re-supply of archived material may incur a fee.
Eqco is not responsible for the loss of Client files after final delivery where the Client has failed to maintain its own suitable backup.
Professional advice and commercial results
Eqco provides creative, design, marketing, communication, production, and digital services. Unless expressly agreed otherwise, Eqco does not provide legal, accounting, tax, investment, engineering, architectural, regulatory, cybersecurity, or other specialist professional advice.
Recommendations are made in good faith using the information available at the time. The Client remains responsible for obtaining appropriate specialist advice and making final business decisions.
Eqco does not guarantee any particular commercial outcome, including approval, registration, media coverage, customer response, sales, revenue, investment return, website traffic, or market performance.
Limitation of liability
Nothing in these terms excludes liability that cannot legally be excluded.
To the fullest extent permitted by law, Eqco will not be liable for:
Indirect, incidental, special, punitive, or consequential loss.
Loss of profit, revenue, opportunity, anticipated savings, goodwill, data, or business.
Claims arising from inaccurate or unlawful Client-supplied information or materials.
Decisions made by the Client or third parties based on the work.
Third-party production, printing, installation, distribution, hosting, platform, software, or supplier failures.
Changes made to the work after approval or handover by anyone other than Eqco.
Use of a deliverable for a purpose for which it was not designed.
Events outside Eqco’s reasonable control.
Eqco’s total aggregate liability arising from a project will not exceed the fees actually paid to Eqco for the specific project giving rise to the claim.
The Client must notify Eqco promptly after discovering a potential claim and allow Eqco a reasonable opportunity to investigate and, where practical, correct the issue.
Force majeure
Neither party will be considered in breach of the agreement for delay or failure caused by circumstances beyond its reasonable control.
These may include natural disasters, fire, flooding, epidemic, illness or incapacity of essential personnel, war, terrorism, civil disorder, government action, utility failure, internet or infrastructure failure, cyberattack, transport disruption, supplier failure, or interruption of essential software or platforms.
The affected party will notify the other where reasonably practical and resume performance as soon as circumstances allow.
If such circumstances continue for more than 60 days and materially prevent completion, either party may terminate the affected services. The Client will remain responsible for completed work and committed third-party costs.
Non-solicitation
During an active project and for 12 months afterwards, the Client will not knowingly engage an Eqco employee or regular subcontractor introduced through the project to provide substantially similar services independently, without Eqco’s written agreement.
This does not prevent engagement arising from a general public recruitment process or a relationship that existed independently before the project.
Communications and notices
Routine project approvals, instructions, and notices may be provided by email or another electronic communication method normally used by the parties.
The Client is responsible for ensuring that its contact details remain current and that authorised representatives monitor relevant communications.
Formal notices relating to termination, disputes, or material breaches must be made in writing and sent to the most recently notified business email address of the receiving party.
General provisions
The relationship between Eqco and the Client is that of independent contracting parties. Nothing creates an employment relationship, partnership, joint venture, agency, or fiduciary relationship.
The Client may not assign the agreement to another party without Eqco’s written consent. Eqco may assign the agreement as part of a genuine sale or reorganisation of its business and may subcontract elements of the services in accordance with these terms.
A failure or delay in enforcing a right does not waive that right.
If any provision is found to be invalid or unenforceable, it will be limited or removed only to the minimum extent necessary. The remaining provisions will continue in effect.
Changes to an accepted proposal, agreement, or scope must be confirmed in writing.
Headings are included for convenience and do not affect interpretation.
If these terms are translated, the English-language version will prevail to the extent permitted by law.
Clauses relating to payment, intellectual property, confidentiality, portfolio use, liability, cancellation, and dispute resolution will survive completion or termination of the project.
Governing law and disputes
The agreement and these Terms of Service are governed by the laws of Thailand.
If a dispute arises, both parties will first attempt to resolve it through good-faith discussion between authorised representatives.
If the dispute cannot be resolved within 30 days of written notice, it will be subject to the exclusive jurisdiction of the Bangkok Civil Court, Thailand.
Questions?
If you have any questions about these Terms of Service or would like to discuss a project-specific amendment, please contact Eqco before approving the applicable proposal or instructing work to begin.