Start (Thailand) Co., Ltd. 

General Terms & Conditions

 Headquarters in the Kingdom of Thailand, Bangkok, Bangrak, 491/16 4th Floor, Silom Plaza Building, Silom Rd., 10500, Corporate registration and tax ID no. 0107538000037

(Hereinafter as "START (THAILAND)")

I. Main provisions

These General Terms and Conditions by START (THAILAND) (hereinafter as "GTC") governs all legal relationships where START (THAILAND) is the provider of its services, products, use of its websites and applications at www.start.co.th including any other associated internet addresses relating to the provision of services.

II. Definitions

The following terms used in this GTC are defined as follows:

START (THAILAND):

START (THAILAND) company limited, based in the Kingdom of Thailand, Bangkok, Bangrak, 491/16 4th Floor, Silom Plaza Building, Silom Rd., 10500, Corporate registration & tax ID no. 0107538000037

User:

A User is defined as any individual who is registered, using any of the described services in accordance to all conditions set in these GTC .

Client:

A Client is defined as any physical or legal entity registration by agreeing to these Terms & Conditions, to all provisions on the protection of personal data & information, thus concluding a valid contract with START (THAILAND) for the provision of services as defined in Article III. of this GTC.

Services:

Services are defined as any of START (THAILAND) services, products, websites or applications located on www.start.co.th or any other web domain operated by START (THAILAND).

Electronic Systems:

Electronic systems are defined as all websites and applications located on www.start.co.th or on any other web domain operated START (THAILAND), that are intended for use by users and clients.

III. Services

START (THAILAND) provides the following services to users & clients:

Registration in the database of CVs:

START (THAILAND) offers all its users free registration, uploading CVs to the electronic database of job seekers owned by START (THAILAND). The resulting electronic database, including all resumes are made available online to clients by START (THAILAND) and for the purpose of indexing job-offers to registered users. START (THAILAND) operates this database in accordance with all valid laws and regulations pertaining to personal information & data protection. Each individual user is required to familiarize themselves and agree with the provisions on data protection & disclosure of personal information. No profile registration is permitted without prior online confirmation by the user.

Searching the CV database:

START (THAILAND) offers clients access to its electronic database of job-seekers (Users), viewing resume details for the purpose of assessing individual users for job vacancy offers. Each individual user is required to familiarize themselves and agree with the provisions on data protection & disclosure of personal information prior to system registration. Users while utilizing START (THAILAND) are obliged to align their activities with all laws on personal data protection. By using the START (THAILAND) system, users gain access to sensitive data that is subject to protection by law and must ensure safe utilization avoiding any damages to users or to START (THAILAND). Clients are strictly prohibited from transmitting users' sensitive personal information to any third party. In case of proven violation by the client, START (THAILAND) and the user shall seek compensation for damages at an appointed court of law.

Providing of advertisement:

START (THAILAND) provides its clients with allocated space on website domains operated by START (THAILAND) aimed to publish their labour market messages or advertisement (publishing job offers, recruitment advertising, HR consultancy & recruitment).

IV. Terms & conditions of use

1.Users and Clients shall not use the Service for any unlawful purposes or illegal activities.

2. Users and Clients shall only present such information that will not cause harm to third parties or to START (THAILAND). It is strictly forbidden to publish or display any content, information,  resume or ads that are considered defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, threatening or likely to cause inconvenience, embarrassment, concern or could trigger harassment to any person, shall not include any links to pornographic, indecent or clearly sexual material of any kind. Final assessment of any inappropriate content, information, resume or advertisement is at the discretion START (THAILAND).

3. Users and Clients shall present information clearly when using the Service, avoiding any false impressions regarding to the job-offer, needed skill set or overall job nature.

4. The content of the presented information is the responsibility of the user or client whose information is stored in the electronic systems. Users and Clients hereby agree with START (THAILAND) stored information about data input to its electronic systems identifying particular users or clients resolving any potential issues.

5. Users and Clients hereby agrees to the utilization of stored information in accordance with the GTC for possible disputes with clients and users arising from inaccurate information, prevention of the use of electronic systems in violation of these GTC.

6. Users and Clients agree that provided information connected with ordering certain services may be publicly accessible.

7. Users and Clients will not carry out any activities that imposes an unreasonably or a disproportionately burden to the infrastructure of any electronic systems, namely trying to interfere, copy or in any way causing harm to it.

8. Users and Clients acknowledge that they will not use any methods for data collection, search, robots or any similar data mining activities.

9. Users and Clients are not allowed to interfere with the security of electronic systems. Prohibited activities include system testing attempts, system scanning, testing the vulnerability of a system or networks, testing the system's security breach or authentication measures without proper authorization.

10. Users and Clients agree not to decompile or reverse engineer any parts of the electronic systems.

11. Users and Clients are prohibited from disclosing any contact obtained in electronic systems lists to any outside agent, agency or other third party.

12. Users are not permitted to publish more than one copy of the same CV simultaneously. It is prohibited to upload irrelevant documents that are considered faux resumes, advertisements promoting goods & services.

13. The user is obliged at least once a month to update or confirm the accuracy of data contained in their published profile. START (THAILAND) has the right to delete any user profile at any time in case of violating the GTC.

14. Users and Clients are not allowed to share any login credentials of the electronic systems with any third party.

15.While using the service of resume database search, the Client is obliged to set appropriate physical and administrative measures for protecting the database of resumes from any damage or loss, misuse, unauthorized access to unblocked data. The client is allowed to use the data obtained from the database of resumes only for the purpose of job mediation. The client can view all candidates' personal data and contacts and send the open range of job vacancies. If the candidate does not respond to sent offers, the Client can delete the personal information of the applicant. The client is not authorized to disclose any resumes or profile details to any third parties without prior consent of the User. In case of a further need to process the personal information & data beyond the scope of this article, the Client must obtain a written consent of the user. In case of doubt, START (THAILAND) shall request the granted written permission user consent to the client for inspection and obtain a copy.

V. Start (Thailand) Rights & Obligations

1. START (THAILAND) has the right to reject any submissions with:

a) Information that is inconsistent with the laws of the Kingdom of Thailand, the general rules of ethics and morality;

b) information with sexual overtones, like part time jobs that are clearly sex related, soliciting  distribution of any narcotic, drugs and psychotropic substances;

c) Information that is in contradictory to the general practices and rules of filling-in forms (Ex. typing stars, underscores, emoji and other non standard characters instead of "name of the position");

d) Information and profiles of third parties without their consent or knowledge;

e) Information that may damage the good name or reputation of START (THAILAND), any of its Users or Clients.

2.START (THAILAND) has the right to check the content of the information presented to the User or Client. START (THAILAND) is obliged to alert the User if there is an activity contradicting with GTC rules and requiring immediate correction otherwise the system will delete it from electronic systems without further warning or User's consent.

3. START (THAILAND) has the right to block system access to any User or client who repeatedly or substantially violated the GTC.

4. START (THAILAND) is not responsible for the accuracy or completeness of information presented to the User or Client as well as for the User's availability for Clients.

5.START (THAILAND) is not liable for Users and / or clients’ activities using any of the services provided by START (THAILAND), nor guarantees obtained results or demanded by offering vacancies;

6. START (THAILAND) has the right to cancel a User's profile and delete it from the electronic systems in case START (THAILAND) receives from the Client / -U negative references about the User.

VI. User registration

1. In order to use online services, Users must register in START (THAILAND) electronic system.

2. Registration is done by completing and submitting the registration form. The registration form can be filled-out or sent by Users aged 18+ and of full legal capacity.

3. Registration is done on the website relevant to the service described by way of registration. You can register your profile even if you have no intentions of using any services in the meantime.

4. The User is obliged to provide accurate and complete information about themselves, especially boxes marked as mandatory (hereinafter as the "Required Information"). Without full completion of the mandatory data, the system will complete the registration process and deny any use of Services. There are boxes that are not labeled as "mandatory", where the information provided by User is voluntary. Data provided by Users may be amended, changed or modified at any time. All Users understands that some of the details provided are legally considered as personal data and governed by the Act of Personal information & Data protection. For more details, please see START (THAILAND) Privacy statement.

5. Before completing the registration process, User are obliged to read the GTC and grant unconditional consent for using GTC as a foundation of the legal relationship established between START (THAILAND) and its Users. Users acknowledge that without this consent, registration cannot be finished and limited access to provided services. Users confirms consent by checking the "I accept the Terms & Conditions and Privacy Statement Policy“, located in the registration form.

6. Completion of your registration (i.e. receiving confirmation on the successful completion of your profile registration) activates the legal contractual relationship between the User and START (THAILAND), governed by the GTC articles. To avoid any doubts, the User party concluding the online registration hereby agrees to all Terms & Conditions in full, accepts all their provisions and undertakes to abide by the rules laid down in them.

7. By completing the registration, a User profile account is created.

8.START (THAILAND) may require additional data from the user at any time in connection with providing new services or changing the scope of mandatory information and communication. In this case, the User will not be able to access profile services until the additional mandatory information is sent. START (THAILAND) has the right to delete or partially block User account access to any individual services that is subject to the disclosure of such other mandatory data and where the User in accordance with this arrangement does not provide such additional information.

9. Registration of profiles or the utilization of services by Users is provided to users free of charge.

VII. Services ordered by Client

1. START (THAILAND) accepts incoming orders from Clients on the basis of which it provides services. Duly completed orders or direct payment of services arriving in the electronic system are considered as draft contracts and become legally binding upon receipt by START (THAILAND).

2. START (THAILAND) receives orders mainly by completing and submitting the order forms on the website's electronic systems.

3. START (THAILAND) has the right to refuse any order within three working days of receipt in the event that:

a) order handed in by a person or company representative who in the past violated their commitments and obligations stated in the GTC and the contract with START (THAILAND);

b) Execution of the order would interfere with START (THAILAND) business policies;

c) Execution of the order would be contrary to the principles of fair trade.

4. In case there are no grounds for refusing an order pursuant to Art. VII. Paragraph. 3 of the GTC, START (THAILAND) will process the request and automatically provide services as indicated on the form. If an incoming order form has no time-frame specified, the provision of services will be initiated without delay.

VIII. Signing of Contract

1. The Contract for services is concluded upon receipt of the completed order online form by START (THAILAND) pursuant to Art. VII. Paragraph 4 of the GTC.

2. START (THAILAND) at its own discretion may request the signature of a written contract for services. In this case, the Client will be duly informed in time.

3. A Client entering into a contractual agreement or sending an order hereby unconditionally agrees with the content of the GTC.

IX. Prices and Payments terms

1. The Client agrees to pay START (THAILAND) for services according to the valid price list published on the day of receiving the order by START (THAILAND)'s electronic systems.

2. Payment due is requested upon ordering a service and signing the service contract. Immediate payment options allows you to make a bank transfer, credit card payment gateway and more explained in detail in START (THAILAND) electronic systems.

3. START (THAILAND) Clients subscribe to a credit for future services once the payment has been processed. The validity of credit will be one year from subscription day by the Client. START (THAILAND) is not obliged to refund any prepaid credits to the Client during or after the one year validity period.

4. Based on incoming payments from the Client, START (THAILAND) will issue an tax invoice / receipt and delivered to the client's specified email included in the order. The Client agrees and accepts sending and delivery of invoices through email.

5. Official tax & revenue obligations will correspond with the date of issue on the tax document. In case START (THAILAND)´s issued invoice to the Client exceed the net amount of 1000 Thb the Client automatically requests the processing of Withholding tax of such invoice. START (THAILAND) will calculate in such cases automatically the Withholding tax in its invoices. The Client is obligated to send back to START (THAILAND) all necessary documents corresponding with the processing of Withholding tax according to the current and valid Thai legislation.

6. The Client is not entitled to any refunds or discounts in the event of non-utilization of services.

7. START (THAILAND) is obliged to activate online services only after full payment by the Client in due time.

8. If a Client's payment for services is not complete within 14 days, START (THAILAND) will suspend active services to the Client until all outstanding payments are settled and paid in full. In such cases, a Client's suspension will not change the overall service period. START (THAILAND) will not extend the validity beyond the initial expiration date. The Client is not entitled to any partial refunds or compensation for the total days of service suspension by START (THAILAND). 

9. Both contracting Parties agree to a penalty interest for late payments at a rate of 0.1% per day calculated from the overall overdue amount.

X. Privacy statement

1. All parties herein undertake not to disclose any confidential information. Confidential Information covers all information and data compiled by both parties directly or indirectly during their negotiations for mutual cooperation. The information and data includes all data, drawings & design, movies & videos, documents, computer media, business and credit conditions, graphic design and information of any kind in any format, tangible or intangible provided by both parties at any time in writing, verbally or otherwise during their active mutual cooperation. Privacy is set as confidential for all information connected to candidates, clients, business know-how and all other matters handled by both Parties and that are not publicly available or known by any third parties. All these activities are subject to strict commercial confidentiality. Any press releases or public announcements regarding any aspect of mutual cooperation are subject to a prior written approval by START (THAILAND).

2. If any of the contractual parties was required to disclose confidential information by law, then it shall not be deemed as a breach of confidentiality.

3. The obligation of confidentiality continues regardless of expiration of the signed contract between START (THAILAND) and the Client or User.

4.If any confidential information relating to Clients and Users is to be disclosed to a third party, START (THAILAND) in this case affirms, that such a third party shall be bound to confidentiality in full range as prescribed to  START (THAILAND).

XI. Termination of Contract

1. START (THAILAND) is entitled to withdraw and terminate the contract if:

a ) The client or user violated the terms of Services as defined in Article IV of the GTC;
b ) The client has any outstanding non-payments to START (THAILAND);
c ) the client or user damaged the reputation of START (THAILAND);
d ) the client or user’s conduct violates local laws and harms the Kingdom of Thailand.
 
2. The client is entitled to withdraw and terminate the contract if there was a demonstrated complete suspension of online services by START (THAILAND) for longer than 5 working days. An exception from this rule is service interruptions caused by force majeure. The duration of service interruption is calculated starting from the actual disruption of systems and the client's’ notification to START (THAILAND) in a written form, by fax or email requesting a remedy of the situation.

XII. Contract validity

1. Contracts signed between START (THAILAND) and Client or User expires when:


a ) Expiration of the period stated in the signed contract, either included in the terms of agreement with each order of services or set down directly in the signed contract by both parties;
b ) Withdrawal and termination of the contract in accordance with Article XI. Of the GTC;
c) If agreed upon by both parties. 

XIII. Material responsibility

1.START (THAILAND) is not liable for any damages incurred by a force majeure or any technical faults outside START (THAILAND)’s IT infrastructure. A force majeure means temporary or permanent extraordinary, unpredictable and insurmountable obstacles outside the control of START (THAILAND). If there is a situation of force majeure affecting START (THAILAND), START (THAILAND) is obliged to promptly inform the client of such a situation and its causes. Unless otherwise agreed, START (THAILAND) will continue adhering to its commitments arising from the contractual relationship to its full extent of their best abilities and capabilities, as well as using all available means to fulfill the agreed commitments therein.
 
2. START (THAILAND) is responsible for damages caused by technical and software equipment failures within START (THAILAND)’s IT infrastructure. In connection to the signed contract between START (THAILAND) and the Client, compensation shall be limited to the overall amount paid by the Client for the services. START (THAILAND) is not obliged to offer the Client compensation linked to any further damages caused, that were not possible to predict at the time of signing the contract.

 

XIV. Copyrights and Trademarks


1.The Client is advised of their obligation of obtaining proper licensing for all published works shown in their presentation, such as descriptions, slogans, audiovisual recordings or advertisements relating to the provision of services utilized by START (THAILAND). It is also noted, that the Client is obliged to ensure payment of all fees for granting of such licenses as well as full payment of all additional associated costs. START (THAILAND) is not liable for copyright infringements made by the Client or as a result of the publication or use of any documents supplied by the Client. In case START (THAILAND) suffered damages resulting directly from a violation of these provisions, The Client will offer a relevant compensation amount to START (THAILAND) without undue delay according to the calculation and written request delivered by START (THAILAND) to the Client.
 
2.The Client is prohibited to use the electronic systems or any of its parts for other than own use. In particular, the client is prohibited to use the electronic systems for distribution, copying or processing of any other technical activities without the prior consent of START (THAILAND). The Client is not allowed to make any changes or alterations in the technical or information content of the website.
 
3. Only START (THAILAND) has the right to record, save or print any materials stored in the electronic systems, where the resulting documents may not be reproduced in any way further. Any further copying or alterations through mechanical or electronic means are strictly prohibited without the prior written consent of START (THAILAND).   

XV. Final Provisions

1. In the event of any conflict concerning the interpretation of the signed contract concluded between START (THAILAND) and the Client, the articles in the GTC shall prevail.
 
2.Any issues that are not specifically regulated by the Contract or the GTC shall be governed by the Thai Civil Code, as amended (further on as "Civil Code").
 
3.An integral part of the GTC is the company’s Privacy statement at Headquarters in the Kingdom of Thailand, Bangkok, Bangrak, 491/16 4th Floor, Silom Plaza Building, Silom Rd., 10500, company registration and tax ID no. 0107538000037.

4. START (THAILAND) reserves the right to unilaterally amend or change the articles in the GTS at any time. The contractual relationship between START (THAILAND) and Client or User shall be governed by the GTC version that was in force at the time of signing the Service Contract.

 
Terms of this wording shall be valid and effective from 1. 11. 2016.