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Legal Document

Terms & Conditions

Mongkut Advisory  |  Last Updated: 10 April 2025  |  Effective Date: 10 April 2025

1. Definitions

In these Terms and Conditions, the following terms have the meanings set out below:

2. Acceptance of Terms

By accessing this website or submitting an enquiry, you confirm that you are at least 18 years of age and have the capacity to enter a legally binding agreement. If you are submitting an enquiry on behalf of a company, you confirm that you are authorised to do so.

Use of our website constitutes acceptance of these Terms. Engaging our advisory services constitutes agreement to these Terms and the applicable Engagement Letter. If you do not accept these Terms, you should not use this website or request our Services.

3. Service Description

Mongkut Advisory provides compliance and regulatory advisory services for companies operating in or subject to the regulatory frameworks of Thailand. Our services are offered through three structured engagement types:

Services are delivered from our Bangkok office. Remote delivery is available where agreed. Our Services are directed at business clients operating in Thailand; we do not typically accept instructions from individuals acting in a personal capacity.

4. Engagement Terms

4.1 Engagement Letter

All advisory work is governed by an Engagement Letter agreed before work commences. The Engagement Letter sets out the specific scope, deliverables, timeline, fee, and any special terms applicable to that engagement. In the event of any conflict between these Terms and an Engagement Letter, the Engagement Letter prevails.

4.2 Scope and changes

Work is performed within the scope agreed in the Engagement Letter. Requests to expand scope during an engagement will be assessed and, if agreed, reflected in a written scope amendment with a revised fee where applicable. We are not obliged to perform work outside the agreed scope without a written amendment.

4.3 Client obligations

You agree to provide accurate, complete, and timely information necessary for us to carry out the engagement. Delays caused by the unavailability of client information or personnel may affect the delivery timeline, and we will not be responsible for such delays.

5. Fees and Payment

Fees are fixed and stated in the applicable Engagement Letter in Thai Baht (฿). Payment terms are as specified in the Engagement Letter. We reserve the right to pause work on an engagement if invoiced amounts are not settled within the agreed payment period.

Out-of-pocket costs — such as travel outside Bangkok or third-party translation — are not included in the base fee and will be discussed and agreed in writing before being incurred. We do not charge for initial enquiry conversations.

Refunds are not available for work already performed. If an engagement is terminated early by you, fees for work completed to the date of termination are payable.

6. Intellectual Property

Deliverables produced under an engagement are owned by Mongkut Advisory until full payment has been received, at which point ownership transfers to you for use in your business as described in the Engagement Letter.

You are granted a non-exclusive, non-transferable licence to use deliverables for your internal business purposes. You may not resell, sublicence, or distribute deliverables to third parties without our written consent. All website content, including text, structure, and design, remains the intellectual property of Mongkut Advisory.

7. Confidentiality

We treat all client information as confidential. We will not disclose client information to any third party without your written authorisation, except where required by applicable Thai law or a Thai regulatory or judicial authority.

You agree to treat any non-public information shared with you about our methodologies, pricing, or internal processes as confidential. A separate non-disclosure agreement can be put in place before initial discussions if you prefer, upon request.

8. Disclaimers

Our Services constitute advisory input, not legal advice. Deliverables represent our professional assessment based on information provided and current Thai regulatory requirements at the date of delivery. They should not be relied upon as a definitive statement of legal position.

Regulatory requirements change. We are not responsible for changes in law or regulatory guidance that occur after the delivery of a Deliverable and that affect its continuing accuracy, unless you are a current Year-Long Counsel Programme client and the change falls within the scope of that programme.

We do not warrant that our Services will result in any particular regulatory outcome. Compliance with Thai regulations depends on many factors outside our control, including the actions of the relevant regulatory bodies.

9. Limitation of Liability

To the fullest extent permitted by Thai law, our total liability to you in connection with any engagement is limited to the total fees paid by you under that engagement. We are not liable for indirect, consequential, or special damages, including loss of revenue, loss of business, or regulatory penalties.

Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot be excluded or limited under Thai law.

10. Indemnification

You agree to indemnify and hold harmless Mongkut Advisory and its advisers from any claims, losses, or expenses arising from your use of our Services in a manner inconsistent with these Terms or the applicable Engagement Letter, or from information you provided to us that was inaccurate or incomplete.

11. Termination

Either party may terminate an engagement by written notice if the other party materially breaches these Terms or the Engagement Letter and fails to remedy that breach within 14 days of written notice. We may also suspend or terminate an engagement if invoiced amounts remain unpaid.

Upon termination, fees for work completed to the date of termination are payable. Sections relating to confidentiality, intellectual property, limitation of liability, and dispute resolution survive termination.

12. Dispute Resolution

These Terms and any engagement between the parties are governed by the laws of the Kingdom of Thailand. In the event of a dispute, the parties agree to attempt informal resolution through direct discussion before initiating any formal proceedings.

If a dispute cannot be resolved informally, it shall be submitted to the jurisdiction of the Thai courts in Bangkok. The parties consent to the exclusive jurisdiction of those courts.

13. General Provisions

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be noted with a revised effective date at the top of this page. The Terms applicable to an ongoing engagement are those in force at the date the Engagement Letter was signed, unless both parties agree otherwise in writing.

15. Contact

Mongkut Advisory
246 Phra Ram 4 Road, Khlong Toei, Khlong Toei, Bangkok 10110, Thailand
Email: [email protected]
Telephone: +66 2 219 4671