These Terms of Service ("Terms") govern your access to and use of the Adfinity website and the services we provide. By using our website or engaging us to provide services, you agree to these Terms.
Please read them carefully. If you do not agree, please do not use our website or engage our services.
1. Who we are
Adfinity Co., Ltd. ("Adfinity", "we", "us" or "our") is a specialist paid media, social media and marketing-automation agency based in Bangkok, working with brands across Singapore, Thailand and Southeast Asia. You can reach us at info@adfinity.agency or RSU Tower, Floor 7, Sukhumvit Soi 31, Bangkok 10110, Thailand.
2. Using our website
You may use our website for lawful purposes only. You agree not to misuse it, interfere with its operation or security, attempt unauthorised access, or use it to send unlawful, misleading or harmful content. We may change, suspend or withdraw any part of the website at any time.
3. Our services and your engagement
The specific services, scope, deliverables, fees and timelines for any work are set out in a separate proposal, quotation or statement of work agreed with you (each, an "Engagement"). These Terms apply alongside your Engagement. If there is any conflict between these Terms and a signed Engagement, the Engagement prevails for that work.
4. Proposals and estimates
Proposals, quotes and estimates are indicative and do not form a binding agreement until confirmed in writing by both parties. Pricing is stated in the currency shown in your proposal (for example SGD or THB) and excludes taxes unless stated otherwise.
5. Fees and payment
Fees, invoicing and payment terms are set out in your Engagement. Unless agreed otherwise, invoices are payable within the period stated on the invoice. Advertising spend paid to third-party platforms is separate from our fees and is billed or managed as agreed. We may pause work on overdue accounts after reasonable notice.
6. Your responsibilities
- Provide timely access, brand assets, account permissions and approvals so we can deliver the work.
- Ensure the information, content and materials you give us are accurate and that you have the rights to use them.
- Review and approve campaigns, creative and copy before they go live where approval is required.
- Comply with applicable laws and the policies of any platforms used in your campaigns.
7. Third-party platforms and ad spend
Campaigns are run on third-party platforms such as Google, Meta, TikTok, LinkedIn and others, which are governed by their own terms and policies. We are not responsible for those platforms' decisions, pricing, outages, ad disapprovals, algorithm or policy changes, or for any action they take on your accounts. Advertising spend is paid to the platforms and is your responsibility unless your Engagement states otherwise.
8. No guarantee of results
Marketing outcomes depend on many factors outside our control, including your market, offer, budget, creative, website and platform behaviour. We will perform our services with reasonable skill and care, but we do not guarantee any specific results, rankings, leads, sales, conversion rates or return on ad spend.
9. Intellectual property
Subject to full payment, deliverables we create specifically for you under an Engagement are owned by or licensed to you as set out in that Engagement. We retain all rights in our pre-existing materials, tools, methods, templates, software and know-how, including anything developed independently of your Engagement. Unless we agree otherwise in writing, we may reference and display non-confidential work we have produced for you in our portfolio and marketing.
10. Confidentiality
Each party will keep the other's confidential information confidential and use it only for the purposes of the Engagement, except where disclosure is required by law. This obligation continues after the Engagement ends.
11. Limitation of liability
To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data, goodwill or anticipated savings, arising out of or in connection with our website or services. Our total liability arising out of or in connection with an Engagement is limited to the fees paid to us for the services giving rise to the claim in the twelve (12) months before the claim arose. Nothing in these Terms limits any liability that cannot be limited or excluded under applicable law.
12. Indemnity
You agree to indemnify us against reasonable claims, losses and costs arising from the materials or information you provide to us, your use of the deliverables, or your breach of these Terms or of any platform's or third party's rights.
13. Term and termination
Either party may terminate an Engagement in accordance with its terms, or where the other party materially breaches these Terms or an Engagement and does not remedy it within a reasonable period. On termination, you will pay for services performed and costs committed up to the termination date. Clauses that by their nature should survive termination (including intellectual property, confidentiality, limitation of liability and indemnity) will continue to apply.
14. Changes to these Terms
We may update these Terms from time to time. The "last updated" date above shows when they were last revised, and material changes will be posted on this page. Your continued use of our website or services after changes take effect constitutes acceptance of the updated Terms.
15. Governing law
These Terms are governed by the laws of Thailand, and the courts of Thailand will have jurisdiction over any dispute, unless a signed Engagement states otherwise. Where you engage us in another jurisdiction, mandatory local consumer or business-protection laws may also apply.
16. Contact us
For any questions about these Terms, contact Adfinity Co., Ltd., RSU Tower, Floor 7, Sukhumvit Soi 31, Bangkok 10110, Thailand, or email info@adfinity.agency.
These Terms are a general template provided as a starting point. Please have them reviewed by a qualified legal professional, and confirm your payment terms, governing law, liability position and any market-specific requirements, before publishing.