1.             Contents of the Service

The GWS CLOUD Service is formed by:

1.          Cloud Computing Platform: Consists of the virtual machines specified in Article 1, Section 4, Items 2 to 5, connected via the Internet.
2.          Storage Space: The physical storage resources are managed as storage space through software virtualization and scheduling.
3.          vCPU: Virtual Central Processing Unit.
4.          vRAM: Virtual Random Access Memory.
5.          Operating System: Windows or Linux operating system, provided as per Customer 's requirements.
6.          Internet Bandwidth: The traffic bandwidth provided by GWS CLOUD.
7.          Traffic Statistics Service: Regular statistics on the traffic of the cloud computing platform.
8.          Monitoring Service: Monitoring the usage rates of vCPU, memory, and storage space every 5 minutes by GWS CLOUD.
9.          Snapshot Service: Capturing snapshots of the current state of the service to allow GWS CLOUD to restore data to the state at the time of capture.

2.             Payments
   1.          The service period begins from the date GWS CLOUD activates the Service. The minimum rental period is one (1) day, usage less than one (1) day will still be charged as one (1) day with the fee calculated proportionally based on the monthly service fee.
   2.          GWS CLOUD shall issue the statement on the 1^st of each month for the service fee and traffic fee of the previous month. GWS CLOUD will deduct the amount from the credit card designated by Customer on the 1^st of each month, a notification of successful or failed deduction will be sent to Customer afterwards.
   3.          Upon receiving a notification of a failed deduction, Customer should contact GWS CLOUD as soon as possible to complete the payment. If no proactive contact is made, GWS CLOUD will send a final reminder on the 4^th of the same month and attempt the deduction again on the 5^th of the same month.
   4.          If the deduction fails again on the 5^th of the same month, GWS CLOUD will suspend the service on the 6^th of the same month. Customer must complete the payment latest by the 20^th of the same month to resume the Service. During the service suspension, GWS CLOUD is not responsible for the safekeeping of Customer 's data on the Service.
   5.          If the payment is still not settled by the 20^th of the same month, GWS CLOUD will terminate the Service on the 21^st of the same month and delete all data on the Service.
   6.          In the event of any change to the credit card designated by Customer, Customer must be updated with GWS CLOUD immediately. If the original designated credit card expires, lost, rejected by the bank, or for any other reason, leads to a failed deduction, GWS CLOUD will have the right to terminate the Service.
   7.          Customer shall raise the objection to the statement with GWS CLOUD if there is any distribution. Any overpayment or underpayment verified by both Parties will be adjusted in the next billing cycle.
   8.          GWS CLOUD reserves the right to adjust the fees stated in the Agreement and will charge the adjusted fees from the next billing cycle after the adjustment effective date. Any increase or decrease in fees due to changes in the rental content will be calculated based on the number of days before and after the change.

3.             Customer’s Rights and Obligations
   1.          Customer shall change the default password GWS CLOUD provides for accessing the Service, properly retain the account and password, and not to lease, loan, transfer or convey the account or password to any third party. If any account and password was in improperly used or stolen by others, Customer must notify GWS CLOUD immediately to reset it. Any disputes or impacts to the Service due to delayed or false notification, Customer shall undertake all relevant responsibilities which GWS CLOUD shall be excluded from any blames.
   2.          Customer is responsible for maintaining the system, programs, and network settings related to the Service. Customer must obtain legal authorization before installing any software, programs, or files on the Service. GWS CLOUD shall not be liable for any errors, malfunctions, data breaches, destruction, or connection interruptions caused by Customer 's self-provided or self-installed systems, programs, or network settings due to third-party internet intrusions.
   3.          Customer acknowledges that the connection speed and the time required for using the Service such as snapshots and data rollback are affected by the size of the data, the line chosen by Customer, the bandwidth, or the quality of Customer 's terminal equipment. Customer shall not request GWS CLOUD for any compensation due to poor connection quality.

4.             GWS CLOUD’s Rights and Obligations
   1.          GWS CLOUD shall build the Cloud Computing Platform via Customer’s requirement, provide a set of account and password for Customer to access the Service. However, GWS CLOUD reserves the right to make the final decision on whether to accept the requirement or not.
   2.          GWS CLOUD shall provide customer service for general questions and repair any malfunctions encountered from the Service:
      1.      Available time: 24 hours a day, 7 days a week
      2.      Contact E-mail: support@gwscloud.com
   3.          GWS CLOUD may temporarily suspend the Service for the need of system maintenance or conversion, however, GWS CLOUD shall notify Customer three (3) days in advance.
   4.          GWS CLOUD may change the login account, password, user number, Customer's interface of the Service. Customer shall not object or make other requests. However, GWS CLOUD shall notify Customer in advance.

5.             Service Interruption
   1.          GWS CLOUD shall make every effort to maintain the normal operation of the service and its internal network connection quality and shall promptly repair any obstacles. If errors, interruptions, or inability to transmit information occur due to errors, obstacles, or blockages in GWS CLOUD 's system or equipment, GWS CLOUD shall reduce the service fee as per the following Agreements:
      1.      Service Interruption Start: The earliest time when Customer reports the issue or GWS CLOUD detects it. If there is evidence of the actual start time when the Service could not be provided, it shall be based on that time.
      2.      Service Interruption End: The earliest time when Customer reports the Service has resumed normal operation or GWS CLOUD detects it. If there is evidence of the actual time when the service resumed, it shall be based on that time.
      3.      Continuous Interruption Time: The total time of service interruption within the month.
      4.      If the accumulated interruption time in the month reaches 45 minutes but is less than 7 hours, 10% of the monthly service fee shall be deducted.
      5.      If the accumulated interruption time in the month reaches 7 hours, 30% of the monthly service fee shall be deducted.
      6.      If the accumulated interruption time in the month is less than 45 minutes, no deduction shall be made.
   2.          Customer shall not request a reduction in service fees if the Service interruption is due to the following reasons:
      1.      Caused by the actions or negligence of Customer.
      2.      Maintenance operations conducted by GWS CLOUD under Article 4, Section 3.
      3.      Maintenance by GWS CLOUD, with accumulated interruption time in the month less than 4 hours.
      4.      Force majeure factors such as floods, fires, earthquakes, lightning strikes, typhoons, etc. However, if the service interruption exceeds 3 days, no service fee will be charged from the 4th day to the day the service is restored.
   3.          Customer shall apply for a service fee reduction within 30 days after the occurrence of the interruption, with the maximum accumulated reduction amount being 30% of the monthly service fee.
   4.          After the service fee reduction is approved, it will be offset from the next service fee until the amount is reduced to zero, with the validity period being 6 months. Both parties may agree on whether to offset other fees besides the service fee, such as overuse fees; however, late payment interest or breach of Agreement compensation cannot be offset.

6.             Termination
   1.          Shall Customer require to terminate the Service for any reason, the following procedures should be followed:
      1.      By Selecting "Terminate Immediately" on the Service page, the Service will be ceased at 24:00 of the current day. By Selecting "Terminate on Scheduled Date" on the Service page, the Service will be ceased at 24:00 of the scheduled date. The scheduled date can be up to thirty (30) days from the current date. GWS CLOUD will send a reminder to Customer of the termination before ceasing the Service.
      2.      Clear all outstanding amounts (if any) before the termination and retrieve any related data.
      3.      Any remaining data shall be considered as forfeited after the termination date and GWS CLOUD may proceed to delete it.
      4.      Clear all remaining fees after the termination date.
   2.          Upon receiving the termination notice, GWS CLOUD shall follow the procedures as:
      1.      Notify Customer on the scheduled termination date and cease the Service on the following day.
      2.      Delete any data retained by Customer in the virtual machine after the termination date.
      3.      On the following month after the termination date, calculate the service and traffic fees for the previous month and process the payment collecting according to Article 2.
   3.          In the event that Customer violet any of the terms from the Contract, GWS CLOUD shall not only require Customer to cure its breach in a reasonable day, but also suspend the Service in needed.
   4.          Should Customer engage in any of the following, GWS CLOUD has the right to suspend the Service or terminate the Agreement and demand damage compensation from Customer, with Customer to bear all legal liabilities. Prior to the expiration of the suspension period, GWS CLOUD may refuse to provide the Service:
      1.      Theft, alteration, resell or destruction others’ information without permission.
      2.      Endangerment to communication or impacting the right and interest of other users.
      3.      Spam of e-mails, computer viruses or malwares to cause impact or damage others’ mailboxes or communication equipment.
      4.      Publish or distribute threats, defamation, personal attacks, pornography, comments, words, pictures or images in addition to infringement on privacy of others.
      5.      Data capture not formally opened or authorized by the owner.
      6.      Provide goods or services on internet in violation of various laws and regulations.
      7.      Use or authorize others to engage in various activities in the manner described in subparagraph 4 of this paragraph.
      8.      Resell, lease, lent the Service to others without the consent of GWS CLOUD.
      9.      Other violations of laws and regulations.

7.             Intellectual property rights and Confidentiality
   1.          Any of the hardware, software, programs, and content provided by either party, including but not limited to text, descriptions, drawings, images, graphics, files, page design, website planning, and arrangements, are the property of the original party or other rights holders. Without prior written authorization from the respective party or other rights holders, neither party may reproduce, publicly transmit, publicly broadcast, publicly screen, adapt, edit, rent, distribute, reverse engineer, decompile, disassemble, or provide derivative products or services through this service. Any violation of this provision will result in legal liability and compensation for any damages caused to the original party.
   2.          Neither party shall acquire ownership, patent rights, copyrights, trade secrets, technical know-how, or any other intellectual property rights now existing or in the future by virtue of the Agreement. Furthermore, neither party shall, in any country, apply for patents, copyrights, trademarks, or any other intellectual property registration either on their own or through third parties using the licensed subject matter. Both parties only grant each other the authorization to use within the scope of the purpose of this Agreement during the validity period of the Agreement.
   3.          If either party violates the previous provisions and acquires intellectual property rights as a result, the original owner may demand the violating party to transfer those rights and may at any time require the violating party to return or destroy the confidential information.
   4.          Each party guarantees that the documents and information they provide do not infringe on the intellectual property rights of any third party. If a party uses the aforementioned documents and information and as a result faces litigation or claims, the responsible party shall be liable for compensation, including but not limited to attorney fees, litigation costs determined by judgment, and any losses suffered by the other party.
   5.          The intellectual property rights in this article shall remain in effect even after the termination of the Agreement.

8.             Confidentiality
   1.          Any information disclosed orally or in writing under this Agreement by one party (hereinafter referred to as the "Disclosing Party"), and any non-public information obtained or received by the other party (hereinafter referred to as the "Receiving Party") due to their duties, shall be kept confidential, regardless of whether the Disclosing Party marks the information as confidential. However, the following information is excluded from the scope of confidential information under this Agreement.
   2.          "Confidential Information" referred to in this Agreement shall include, without limitation, any and all information relating to hardware, software, programs, orders, vendors, products, meeting minutes, meeting recordings, designs, research and development, technology, cost information, marketing or business strategies, significant financial data, patents, copyrights, trademarks, trade secrets, technical know-how, and other intellectual property rights. It shall also include customer information such as names, dates of birth, national identification numbers of natural persons, and any other information that constitutes "personal data" under the Thailand Personal Data Protection Act B.E. 2562 (2019).
   3.          The obligations of the Receiving Party are as follows:
      1.      Without prior written consent from the Disclosing Party, the Receiving Party shall not disclose Confidential Information to any third party.
      2.      Confidential Information shall not be used for any purpose other than fulfilling the objectives of this Agreement.
      3.      The Receiving Party shall take reasonable measures to prevent the disclosure of Confidential Information.
      4.      The Receiving Party shall notify the Disclosing Party of any unauthorized disclosure or use of Confidential Information.
   4.          The Receiving Party shall require its personnel to comply with confidentiality obligations, and in the event of a violation by its personnel, the Receiving Party shall be liable for compensation.
   5.          The confidentiality obligations outlined in this article shall remain effective for two (2) years after the termination or cancellation of the Agreement.

9.             General Terms
   1.          The Agreement shall become effective upon Customer 's review and Agreement via selection on the service page, replacing any previous written or oral Agreements or commitments. Any changes to the Agreement must be made in writing and delivered in person or mailed to the address specified in the Agreement. If there is a change in the Agreement address, the other party must be notified immediately; otherwise, it will not be effective for the other party.
   2.          All appendices or attachments to the Agreement are considered part of the Agreement with the same effect. In case of any conflict between the content of the attachments and the Agreement, the Agreement shall prevail.
   3.          Any invalid, revocable, illegal, or unenforceable provision of this Agreement shall not affect the validity of the other provisions.
   4.          The Agreement does not authorize either party to act as the agent, partner, employee, or legal representative of the other party, except as otherwise provided in this Agreement. Neither party may act on behalf of the other party in any way.
   5.          The rights and obligations of the Agreement cannot be transferred, resold, leased, loaned, or sublicensed to any third party without the written consent of both parties.
   6.          If GWS CLOUD needs to suspend or terminate part or all of its operations due to significant changes, GWS CLOUD shall notify Customer two (2) months before the scheduled suspension or termination date, and Customer agrees to cooperate without objection.
   7.          With respect to any matter not provided for in this Agreement, the Parties shall resolve such matter jointly and in good faith, by reference to applicable laws and customary practices. This Agreement shall be construed in accordance with, and governed by Thai law, both in relation to the performance or non-performance of this Agreement and any disputes arising out of or in connection with this Agreement.
   8.          GWS CLOUD may contact the customer after registration via email, telephone, or other communication channels for purposes of providing services, verifying user accounts, providing guidance on the use of services, or any other related business communication.
   9.          This Agreement is made in duplicate, with each party holding one original copy.