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This Terms of Service Agreement (the "Agreement") controls
your (referred to as "Customer," "you," or "your") use of CThai.com, provide
International Calling Services, Thailand Phone Card, International Phone Card
and related services. Any or all of these services, including the software that
may be provisioned to you by CThai.com as part of your use of the services
whether CThai.com proprietary software or third party software (collectively
"CThai.com software"), are referred to as the "CThai.com Services" or "the
Services." In this agreement you and CThai.com may be collectively referred to
as "the parties."
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Please read this Agreement in its entirety. By downloading
CThai.com software or using the Services or software, you agree to be bound by
this Agreement and other user policies and agreements CThai.com may establish
from time to time. If you do not wish to be bound by this Agreement and the
other CThai.com policies, please do sign this Agreement or, if accepting
on-line, do not click on "I Agree" or otherwise manifest your assent.
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This Agreement is effective as of the Customer account
creation date (the "Effective Date") between the Customer and CThai.com.
CThai.com agrees to provide web site services and Customer agrees to accept and
utilize CThai.com’s service according to the terms of this Agreement and the
Order Form (if applicable) which has been executed by the parties and attached
hereto.
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You must be at least eighteen (18) years of age to subscribe to CThai.com’s
Services. Customer is responsible for all use of Customer's account and
maintaining the confidentiality of Customer's password(s). CThai.com will
suspend access or change access to Customer's account upon notification by
Customer that his or her password has been lost, stolen or otherwise
compromised. Customer may not transfer or give out its password to third
parties, and Customer shall remain liable for all charges incurred for use of
the Services. CThai.com shall not be liable for any usage or charges prior to
CThai.com making the necessary account alteration. |
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Calling Services
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CThai.com is owned by CThai Communications who provide all CThai.com services.
All calling services provided though the CThai.com is authorized by CThai
Communictions. |
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Technical Support
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CThai.com will provide technical support consulting services
via helpdesk, electronic mail ("e-mail"), telephone and facsimile to assist in
verifying the account features of CThai.com’s intended functionality of the
CThai.com Services ("Technical Support"). The account features include various
products produced by CThai Communication and third party vendors. The Technical
Support or Customer Service staff can assist with the setup and configuration
the products.
Technical Support does not serve as a consultant to correct and rewrite
programming code and scripting-related issues. Only CThai.com-created Services
and non-Customer configured Services will be supported to this extent. No
e-mails from CThai.com, including Technical Support e-mail, may be resent,
distributed or posted on any media accessible to the public (including, but not
limited to, any Internet site or bulletin board) by Customer, without CThai.com
prior written consent. Technical Support shall consist only of the consulting
services set forth above, and in no event shall it include any other support
functions or Services, including, but not limited to, maintenance or repair of
Customer's hardware or custom configurations to the server. Technical Support
will be provided only to either Customer or Customer's technical or
administrative contact. If Customer requires technical assistance beyond the
conditions set forth above and CThai.com determines that it has the technical
resources for assistance, Customer shall be charged at CThai.com’s standard
hourly rate. The hourly rate will be applied to Services not designated as
Technical Support, as defined above, or for any Technical Support provided to
someone other than Customer or Customer's technical or administrative contact.
Prior to requesting support services from CThai.com, Customer or Customer's
technical contact agrees to ask CThai.com’s Technical Support personnel if the
requested support services qualify as Technical Support.
Technical Support hours are 24 hours each day, except on nationally observed
holidays of USA and Thailand, Christmas Eve, during departmental meetings, or
when no, or limited support hours may be provided, of which Customer will be
notified in advance. Technical Support hours are subject to change.
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Required Equipment |
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Customer shall be solely responsible for the full cost of all required
equipment, software and configuration as well as any additional equipment
Customer wishes to utilize. CThai.com shall have no obligation or liability in
connection with any equipment not purchased through CThai.com and configured by
CThai.com, or for any abuse or misuse of any equipment by any party other than
CThai.com. CThai.com shall pass through to Customer any warranties from the
manufacturers of equipment purchased through CThai.com and installed at
Customer's premises. CThai.com shall have no obligation to repair or maintain
any equipment at Customer's premises, and Customer shall be responsible for
seeking warranty and other Services directly from the manufacturer. |
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Term
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This Agreement shall be effective on a calendar month-to-calendar month basis
or a specific term length as set forth in an Order Form beginning on the
Effective Date and continuing until terminated as provided herein. This
Agreement may be revoked by CThai.com in accordance with the terms herein at
any time prior to the Effective Date. |
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Termination by CThai.com / Acceptable Use |
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CThai.com, in its sole business judgment, may terminate this Agreement
immediately and without prior notice or immediately suspend Customer's access
to the Service upon any breach of this Agreement by Customer, including, but
not limited to, (a) refusal or failure to pay for Service or (b) Customer's
performing activities harmful to CThai.com or its other Customers, employees,
vendors, business relationships or other users of the Internet, including but
not limited to, spamming; harassment; falsifying information; defamation;
violating a third party's privacy; infringing a third party's intellectual
property rights; failing to adhere to CThai.com 's security policies or
standards that may result in network vulnerability; or hacking or other effort
to gain unauthorized access to any server, directory, or account information,
all as determined by CThai.com in its sole discretion. CThai.com may also
terminate this Agreement without cause at any time upon thirty (30) days prior. |
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Notice |
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Unauthorized use of the CThai.com Services in connection with the transmission
of unsolicited bulk e-mail ("SPAM"), including the transmission of counterfeit
e-mail, may result in civil and criminal penalties against the sender,
including those provided by the Computer Fraud and Abuse Act (18 U.S.C. ? 1030
et seq.) CThai.com’s response to a first spamming offense is to either
terminate the account immediately or advice or educate the Customer through an
e-mail warning and/or phone call, in CThai.com’s sole discretion. A minimum
$100 (One Hundred U.S. Dollars) per hour spam handling fee will be charged to
Customer's account for all valid complaints, as determined by the CThai.com
Abuse Team. |
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Termination by Customer
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Customer may terminate this Agreement if month-to-month or year-to-year upon
forty-five (45) days prior notice and full payment of all subscription fees
through the end of the notice period. Term accounts may only be cancelled by
paying a cancellation fee equal to seventy-five percent (75%) of the remaining
contract balance and by making payment of any outstanding telecommunications
charges related to the establishment, maintenance and cancellation of Service
to the Customer. If CThai.com breaches any material term of this Agreement and
such breach continues for ten (10) business days after Customer has notified
CThai.com, you may immediately terminate this Agreement. The foregoing
notwithstanding, Customer agrees that payments for domain registration services
are non-refundable. Domain registrations may only be terminated if Customer
notifies CThai.com in writing within 72 hours of the initial domain
registration application submission. |
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Data |
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Customer understands and agrees the Internet is a conglomeration of networks
and servers operated by distinct entities having no business or legal
relationship to CThai.com. CThai.com has no input whatsoever as to the content
of Internet data accessed via the Service. Customer is solely responsible for
any value or reliance it places on information obtained via the Internet or the
Service. INFORMATION DERIVED AS A RESULT OF THIS AGREEMENT IS PROVIDED "AS IS"
AND AT CUSTOMER'S OWN RISK. |
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Limited Warranty/Security
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CThai.com warrants only that it shall, subject to the terms and conditions of
this Agreement, provide Customer the Service. CUSTOMER AGREES THAT THE SERVICE
IS BEING PROVIDED "AS AVAILABLE" AND "AS IS," WITH ALL FAULTS ACCEPTED.
CThai.com MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THIS
AGREEMENT AND THE SERVICES DERIVED THEREUNDER AND SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
AGAINST INFRINGEMENT. CThai.com FURTHER DISCLAIMS ANY WARRANTY OR
REPRESENTATION AS TO THE INTERNET AND INFORMATION DERIVED THEREFROM. CThai.com
DOES NOT WARRANT THAT THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED,
ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL CONTENT AND ACTIVITY. IT IS
THE CUSTOMER'S SOLE RESPONSIBILITY TO PERFORM ANTI-VIRUS SCANS, SECURE THE
CONTENT OF HOSTED SITES AGAINST HACKERS AND OTHER SECURITY INTRUSIONS
(INCLUDING PROTECTION OF CREDIT CARD OR PERSONAL INFORMATION BELONGING TO
CUSTOMER'S CUSTOMERS), AND OTHERWISE MONITOR WHAT MAY BE HARMFUL OR OFFENSIVE
CONTENT ON YOUR SITES OR RUNNING THROUGH YOUR CONNECTION TO THE INTERNET. YOU
MUST DETERMINE THE SUITABILITY OF THE CThai.com SERVICES FOR THE AFOREMENTIONED
TASKS, GIVEN YOUR PARTICULAR USE OF THE INTERNET. IF THE SERVICES, AS
PROVISIONED, DO NOT ENABLE YOU TO FULFILL THESE RESPONSIBILITIES, IT IS YOUR
RESPONSIBILITY TO SECURE PRODUCTS OR SERVICES, AT YOUR EXPENSE, THAT PERMIT YOU
TO MEET THESE SECURITY OBLIGATIONS. |
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Limitation of Liability
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Each party specifically agrees that, in no event, shall either party's
liability as a result of this Agreement and the provision of Service hereunder,
exceed Customer's Phone Card or Service Value which any claim of liability
arose or the amount paid for any term Agreement. Neither party shall have
liability whatsoever for any indirect, special, incidental, consequential or
punitive damages of any kind, including but not limited to, lost revenue and
lost profit. |
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Site Credits |
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All money credited in the CThai.com Customer's Accounts can be used as same as
money to buy all services provided by CThai.com or CThai.com's Partners only.
The money credited in the CThai.com Customer's Accounts cannot change, exchange
or withdraw from the accounts. The money credited will be value in US dollars
only. All customers must accept this term agreement after have bought any
services from CThai.com.
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Compliance and Indemnification
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Customer agrees to use the Service in compliance with all applicable laws.
Customer shall be charged for all costs incurred by CThai.com, including
reasonable attorney fees, for any claim, loss, or damage arising out of
Customer's use or misuse of the Services.
Customer specifically agrees to defend, indemnify, and hold harmless CThai.com,
its officers, and employees from any claim, loss, or damage, including costs
and reasonable attorney fees, arising out of any act or omission of Customer
under this Agreement or its use of the Service. This specifically includes any
liability to which CThai.com may be exposed arising out of Customer's having
root or password access to any services, and Customer hereby releases and holds
CThai.com harmless from and against any such liability or damage.
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Personal Files/E-Mail Inbox
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CThai.com is not responsible for back ups of Customer's personal files or other
information. CThai.com reserves the right to delete Customer information and
files upon termination of the Service. Any IP addresses assigned to Customer
are considered loaned by CThai.com and will revert back to CThai.com after
cessation of the Service. E-mail inboxes have size limits set by CThai.com.
Once that size limit is reached or exceeded, Customer will receive
notification, and no more e-mail will be delivered to that inbox until the size
of the inbox is reduced by Customer to below the limit for that account. |
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Privacy
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Privacy issues are governed by CThai.com’s Privacy Policy, and that document
should be consulted for any questions you may have about how CThai.com uses
your Customer information. You are required to develop and post a privacy
policy on your web sites to the extent you gather any personal information from
your customers or from visitors to your site. |
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Notice |
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Notice to CThai.com shall be in writing and delivered by hand, e-mail,
facsimile, or, if sent by certified mail, return receipt requested, or a
nationally recognized overnight delivery service that keep records of
deliveries and attempted deliveries (such as UPS, FedEx). It is imperative that
CThai.com be able to contact Customer at all times. Customer must promptly
advise CThai.com of any changes to his, her or its contact information,
including mailing and e-mail addresses and phone number. Failure to do so
constitutes grounds for immediate termination; moreover, any notices from
CThai.com to Customer sent to Customer's last known e-mail address as provided
by Customer to CThai.com shall be deemed effective even if Customer has failed
to provide updated information to CThai.com |
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Payment/Taxes |
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Customer shall pay CThai.com for all charges listed on CThai.com’s invoice,
including all shipping and handling charges and other charges incidental to the
provisioning of the Services. Unless otherwise stated on the face hereof, all
payments shall be due upon receipt of invoice. On any amounts not paid when
due, Subscriber agrees to pay interest at the rate of 1.5% per month (18% per
year) or, if such rate is in excess of the rate allowed by law, then Subscriber
agrees to pay the highest rate allowed by law. In addition, Subscriber agrees
to pay all costs of collection, including costs of litigation and reasonable
attorneys' fees. Subscriber agrees to execute financing statements and other
instruments at CThai.com’s request. A $20.00 (Twenty U.S. Dollars) collection
fee will be charged for all dishonored checks. Any tax liability arising from
Customer's use of the Service (other than taxes on CThai.com income) will be
Customer's responsibility. Customer will pay all sales and use taxes relating
to the Service, as well as all duties or levies on Products and Services.
(a) Payment Terms. Unless otherwise subscribed or agreed, payment of the
selected Service is due monthly (annual) on the first day of each calendar
month (year) for the Service to be rendered during the upcoming month (year).
CThai.com reserves the right to adjust its fees for Service hereunder at any
time in the event CThai.com experiences a rate increase from its
telecommunications supplier. However, if Customer has signed a term agreement,
CThai.com’s pricing will remain constant for the agreed-to term. CThai.com is
not responsible for the pricing of any phone company service fees whether
billed directly to Customer by the phone company or through CThai.com on behalf
of the phone company. AUTHORIZED CHARGES TO CREDIT CARDS SHALL BE MADE IN
ADVANCE, ON OR ABOUT THE ANNIVERSARY DATE OF THE SERVICE FOR THE TERM OF THIS
AGREEMENT UNTIL TERMINATED AS PROVIDED HEREIN. A fee of $15 (Fifteen U.S.
Dollars) will be assessed for the following reasons: (1) late payment, (2)
payment with insufficient funds, (3) denied or invalid credit card number, or
(4) restart of Service terminated for non-payment. Payment is late after the
fifth (5th) calendar day of the month. CThai.com may change any fee, rate, or
plan upon thirty (30) days' notice. Refunds, if any, from termination or
cancellation of term or pre-paid accounts are only available as if the Customer
were a month-to-month Customer, and will not be based on the discount the
Customer may have received for prepaying the account.
(b) Payment Method. CUSTOMER HEREBY AUTHORIZES CHARGES TO BE MADE IN ADVANCE TO
THE IDENTIFIED CREDIT CARD EACH MONTH (EACH YEAR) FOR THE DURATION OF THIS
AGREEMENT IN THE AMOUNT OF THE SELECTED SERVICE SET FORTH BELOW OR AS CHANGED
BY CThai.com AFTER NOTICE TO CUSTOMER. Payment may be made by check or purchase
order only by key accounts and only upon prior authorization by CThai.com.
Customer additionally authorizes periodic verification of credit worthiness.
CThai.com, in its sole discretion and judgment, may discontinue credit at any
time without notice.
(c) Security for Indebtedness. In the event that Customer fails to pay CThai.com
all amounts owed CThai.com under this Agreement when due, Customer agrees that,
upon delivery of notice to Customer via facsimile, e-mail or other method
approved hereby, CThai.com may (i) restrict Customer's physical access to any
Customer equipment or data, and/or (ii) take possession of any Customer
equipment or data and store it, at Customer's expense, until taken in full or
partial satisfaction of any lien or judgment, all without being liable to
prosecution or for damages.
(d) Payment Gateway. CThai.com uses the credit card payment gateway services of
Cardservice International Inc., Kasikorn Bank and Paypal. CThai.com's customers
understand that the purchase will appear on customers credit card statement
under the name CThai.com charged by Cardservice International Inc., Kasikorn
Bank or Paypal and that should customers have any problems with the order
payment, the customers can contact Cardservice International Inc., Kasikorn
Bank or Paypal for a prompt resolution.
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Controllability
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CThai.com shall not be liable for any delay in performance directly or
indirectly caused by or resulting from acts of God, or any third party
telecommunications or Internet connectivity providers, fire, flood, accident,
riot, war, government intervention, embargoes, strikes, labor difficulties,
equipment failure, late delivery by suppliers or other difficulties which are
beyond the reasonable control of CThai.com. |
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Waiver; Severability
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No waiver by either party of any breach by the other party of any provision of
this Agreement shall be deemed or construed to be a waiver of any succeeding
breach of such provision or as a waiver of the provision itself. If any
provision of this Agreement is stricken as unenforceable, the rest of the
Agreement shall remain in full force and effect. |
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Successors and Assigns
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This Agreement is not assignable or delegable in whole or in part by Customer
without the prior express written consent of CThai.com. This Agreement shall be
binding upon the heirs and successors of the parties hereto, the assigns of
CThai.com, and permitted assigns of Customer. This Agreement is assignable by
CThai.com provided CThai.com gives Customer written notice of such an
assignment and the assigning party (ies) is/are capable of performing all of
CThai.com’s obligations hereunder. |
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Resale
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The Service provided hereunder is limited to Customer and may be resold in
limited manner whatsoever Customer can apply to be our authorized reseller by
contacting at CThai.com. The Customer, who isn’t applying to be our authorized
reseller, will not be able to use our CThai brands and rights in any manner. |
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Disclaimer |
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CThai.com shall not be liable for any damages or injury resulting from your
access to, or inability to access, this site, or your reliance on any
information provided at this site. Without limiting the foregoing, everything
on the site is provided to you “AS IS” without warrantee of any kind, either
expressed or implied, including, but not limited to, the implied warranties of
merchantability, fitness for a particular purpose, or non-materials will be
uninterrupted or error-free, that defects will be corrected, or that this site
or the sever that makes it available are free of viruses or other harmful
components. CThai.com does not warrant or make any representations regarding
the use or the results of the use of the materials in this site in terms of
their correctness, accuracy, reliability, or otherwise. You (and not CThai.com)
assume the entire cost of all necessary servicing, repair, or correction.
Applicable law may not allow the exclusion of implied warranties, so the above
exclusion may not apply to you. |
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Site Liability |
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Under no circumstances, including, but not limited to, negligence, shall
CThai.com be liable for any special or consequential damages that result from
the use of, or the inability to use, the materials in this site, even if
CThai.com or a CThai.com authorized representative has been advised of the
possibility of such damages. In no event shall CThai.com have any liability to
you for damages, losses and causes of action (whether in contract, tort
(including, but not limited to, negligence), or otherwise) for accessing this
site. |
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Other |
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All claims, disputes or disagreements which may arise out of the
interpretation, performance or in any way relating to your use of this site and
any and all other CThai.com site(s), shall be submitted exclusively to the
jurisdiction of the State or federal courts located in the State of California
and the country of Thailand.
CThai.com also assumes no responsibility, and shall not be liable for any
damages to, or viruses that may infect your computer equipment or other
property on account of your access to, use of, or browsing in the Site or your
downloading of any materials, data, text, images, video, or audio from the
Site.
CThai.com may use anything you transmit or post for any purpose, including but
not limited to reproduction, disclosure, transmission, publication, broadcast,
and posting.
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Modification or Amendment to Agreement
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This Agreement may be amended or modified from time to time upon Notice to
Customer in CThai.com’s sole discretion. This Agreement shall not be
supplemented or modified by any course of dealing or other trade usage. |
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Entire Agreement
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These terms and conditions constitute the entire Agreement with regard to the
subject matter hereof and expressly supersede and replace any prior or
contemporaneous agreements, written or oral, relating to this Agreement. This
Agreement may be amended by CThai.com at any time without notice, so please
check back frequently to review changes. Any changes or amendments to this
Agreement shall be set forth at www.CThai.com. This Agreement may not be
amended by Customer unless the amendment is approved by both parties in
writing. Any questions about this Agreement should be directed to
admin@cthai.com or use our Contact form. |
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