Hosting in Thailand

Thai Web Pro Hosting Reseller Agreement

This is an Agreement between you (the “Reseller”) and Thai Web Pro Hosting, a Thailand based Company. This agreement explains the basis upon which transactions between you, the Reseller, and Thai Web Pro Hosting will take place and our responsibilities toward each other.

The Effective Date of this agreement shall be the date that the Reseller completes Thai Web Pro Hosting’s reseller signup process.

By entering into this Agreement, in addition to transactions entered into by the Reseller on its own behalf, the Reseller also agrees to be bound by the terms of this agreement for transactions entered into on its behalf by anyone acting as its Agent. The Reseller also agrees to be bound by the terms of this Agreement for transactions entered into by anyone who uses the account that the Reseller hereby establishes with Thai Web Pro Hosting, whether or not the transactions were made on the Reseller’s behalf.

Whereas Thai Web Pro Hosting is a fully-operational Internet web hosting company and domain name registrar; and, whereas the Reseller desires to purchase web hosting and/or domain name registration services and other services or products that may be available from Thai Web Pro Hosting for purposes of reselling such Services to its own customers;

Therefore, the Registrar and the Reseller agree as follows:

1. Services – Subject to the terms and conditions of this Agreement, Thai Web Pro Hosting grants the Reseller a non-exclusive, non-transferable license to resell the Services worldwide. Services are subject to:

   Thai Web Pro Hosting’s Registration Agreement available here.

   These Web Hosting Terms of Service are an indivisible part of this Reseller Agreement.

2. Price - Subject to the terms and conditions of this Agreement, the Reseller acknowledges that all prices, discount rates and transaction fees are subject to change.

1. Thai Web Pro Hosting will provide its services to the Reseller according to the Thai Web Pro Hosting Price Catalog (Catalog) available at:

   http://www.thaiwebprohosting.com/

2. The Reseller authorizes Thai Web Pro Hosting to charge each of its customers the dollar amounts designated by the Reseller. Selection of services and setting of prices are done through the Reseller’s site administration tool.

3. Fraudulent Transactions. The Reseller agrees to hold Thai Web Pro Hosting unharmed and to indemnify Thai Web Pro Hosting for and against transactions processed by Thai Web Pro Hosting on behalf of the Reseller that are fraudulent in nature. These fraudulent transactions could result from, but are not limited to, misrepresentations in the web hosting and domain registration process, or from the use of stolen or misappropriated credit cards.

Payment – Bank wires and checks are issued at the beginning of every month. The minimum amount for payment is $50.00 US. If you choose bank wire as a payment method your commission payment will be reduced by $30 to cover the costs of the wire transfer.

Chargeback - In the event of a credit card chargeback, Thai Web Pro Hosting will deduct the amount of the credit card charge from the Reseller’s commission. In the event that chargeback frequency is deemed high by Thai Web Pro Hosting, Thai Web Pro Hosting reserves the right to hold back 20% of monthly commissions for 90 days from the date the commission was due.

Money Back Guarantee & Refund Policy –  If within 30 days of the date your customer purchased web hosting and/or domain name, for any reason the customer wants to cancel the account, he is entitled to a full refund of the amount charged. All domain registrations are final, do not include any money back guarantee and will be subject to a $9.95 per year per domain registration fee. Your customer will be required to make a deposit of $9.95 for the domain name fee before receiving the refund for the hosting account.

If a refund has been requested and completed, the profit for that sale will be also deducted from the whole reseller commission. If a given customer has received his refund but Thai Web Pro Hosting has already paid the reseller the commission for that particular sale, Thai Web Pro Hosting will deduct the exact commission amount for that sale from the next monthly payment to the reseller.

3. Termination – Either party may terminate this Agreement for a material breach of contract by the other party that has not been resolved within 15 days. Either party must notify the other of such material breach in writing. Or, either party may terminate this Agreement with a 15-day written notice. Upon termination, all customers will default to Thai Web Pro Hosting

4. Restriction of Service; Right of Refusal - The Reseller agrees that Thai Web Pro Hosting, in its sole discretion and without liability to the Reseller, may terminate this Agreement for if the Reseller is found to be using Thai Web Pro Hosting Services in association with unsolicited commercial e-mail (“spam”) or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which the Reseller conducts business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event Thai Web Pro Hosting terminates this Agreement for spam or morally objectionable activities, no payment will be issued.

5. Privacy – The Reseller agrees to be bound by the Privacy Policy of Thai Web Pro Hosting in its dealings with customers and others and to post such Privacy Policy on the Reseller’s home page. Failure to comply with such Privacy policy will be deemed a material breach of this Agreement.

6. Branding – Thai Web Pro Hosting authorizes the Reseller to co-brand the Services by using Thai Web Pro Hosting’s name and logo along with the Reseller’s name and logo.

7. Marketing Rights – Thai Web Pro Hosting and Thai Web Pro Hosting related companies will not market to the Reseller’s customers.

8. Technical Support – Thai Web Pro Hosting will provide technical support to the Reseller. At Reseller’s option, Thai Web Pro Hosting will provide technical support to its customers through the ProperSupport.com web interface program and/or e-mail.
   
   If the Reseller has disabled any services or options that are part of the hosting services offered by Thai Web Pro Hosting (e.g. plan renewal, plan upgrade and/or hosting-feature upgrade options, TLD of domain names or any other service), and a request by a Customer (a client of the Reseller) for such a service is received by the Support, the Support must forward this request to the Reseller via a trouble ticket that will appear in the Client Support section in the Reseller’s Control Panel. If there is no response by the Reseller in the ticket within 24 hours, the Support is allowed to take the necessary actions, in order to provide the Customer with the requested service.

9. Notices – The Reseller agrees that all notices (except for notices concerning breach of this Agreement) from Thai Web Pro Hosting to the Reseller may be posted on our web site and will be deemed delivered within five (5) days after the posting. Notices concerning breach of this Agreement will be sent either to the e-mail address that the Reseller has on file with Thai Web Pro Hosting or mailed by first class mail to the postal address that the Reseller has on file with Thai Web Pro Hosting. In both cases, delivery shall be deemed to have been made five (5) days after the notice was sent. Notices from the Reseller to Thai Web Pro Hosting should be made by e-mail, sent to the address we provide on our web site.

10. No Solicitation – The Reseller agrees that it will NOT approach Thai Web Pro Hosting’s employees with proposals to hire them as its own employees or contractors. If the Reseller were to hire any of Thai Web Pro Hosting’s employees, the Reseller agrees to pay Thai Web Pro Hosting for each employee hired the greater amount of three years salary that the Reseller is to pay such employee, or $100,000.

11. Limited Liability – Thai Web Pro Hosting shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this Agreement or the Domain Name Registration Services, or other services and products the Reseller may choose, including but not limited to: damages for lost profits, loss of use, lost data, loss of privacy, damages to third parties. This limited liability clause shall apply even if Thai Web Pro Hosting has been notified of the possibility of any claims. In no event shall Thai Web Pro Hosting’s maximum liability exceed the total amount paid by the Reseller for the service or the product. Thai Web Pro Hosting’s liability is limited to the extent permitted by law in states that do not allow the exclusion or limitation of liability for consequential or incidental damages.

12. Modification – This Agreement and its Attachments are subject to change. The Reseller will be notified of such changes as they occur via the e-mail contact supplied during the reseller signup process, which may be modified using the Reseller’s site administration tool.

13. Assignment – The Reseller may not assign its rights or duties under this Agreement to another individual or entity without the expressed written consent of Thai Web Pro Hosting, which will not be unreasonably withheld. Thai Web Pro Hosting may assign its rights and obligations under this Agreement without notice, as long as, the Service continues to operate as outlined in this Agreement.

14. Severability – The terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with the applicable law as closely as possible in line with the original intention of both parties of the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

    The Reseller agrees to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

15. 2nd Tier referral program is available to all resellers. A commission of 10% from the web hosting plan wholesale price will be added from each sale by any referred reseller. There is no commission for sold domain names through 2nd Tier referral program. Resellers are not allowed to refer their family members and relatives or themselves in different accounts or using the same mailing address or bank information. Thai Web Pro Hosting verifies all 2nd Tier accounts payments. Any account violating these terms will not receive commissions and will not be allowed to use Thai Web Pro Hosting reseller program or services. In case of refunds or fraudulent sales the relevant amount will be deducted from the commission payment’s .

16. Entirety – This Agreement constitutes the entire understanding and contract between the parties and supersedes any an all prior and contemporaneous, oral, or written representations, communication, understandings, and agreements between the parties with respect to the subject matter herein.

Nothing in this Agreement, expressed or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parities hereto, to any person or entity other than such parties, unless so stated to the contrary.