Terms & Conditions

Introduction

These Terms and Conditions ("Terms") govern your access to and use of the Crest Mara website and consulting services. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our website or services.

Crest Mara reserves the right to modify these Terms at any time. Changes become effective immediately upon posting to this page. Your continued use after modifications constitutes acceptance of the updated Terms.

1. Definitions

For the purposes of these Terms:

• "We," "Us," "Our," or "Company" refers to Crest Mara, a business consulting firm registered in Thailand
• "Client" refers to any individual or organization that engages our consulting services
• "Services" refers to the business consulting services we provide, including Risk Management Consulting, Supply Chain Advisory, and Change Management Advisory
• "Website" refers to all pages and content hosted at crestmarat.club
• "User" or "You" refers to anyone accessing our website or engaging our services
• "Agreement" refers to any formal engagement contract between Crest Mara and a Client

2. Acceptance of Terms

By accessing or using our website, you represent that:

• You are at least 18 years of age or the legal age of majority in your jurisdiction
• You have the legal capacity to enter into binding agreements
• If representing an organization, you have authority to bind that organization to these Terms
• All information you provide is accurate, current, and complete

3. Services Description

Crest Mara provides professional business consulting services to organizations in Thailand and the surrounding region. Our services include but are not limited to:

• Risk Management Consulting: Assessment, framework development, and mitigation planning
• Supply Chain Advisory: Operations review, optimization, and supplier strategy
• Change Management Advisory: Transition planning, communication strategy, and stakeholder engagement

Service availability, scope, deliverables, pricing, and timelines are subject to individual engagement agreements. Website descriptions provide general information and do not constitute binding commitments without a formal Agreement.

4. Engagement Process

Consulting engagements proceed through the following general process:

1. Initial Consultation: Discussion of organizational needs and service options
2. Proposal: We provide a written proposal outlining scope, deliverables, timeline, and fees
3. Agreement Execution: Both parties sign a formal engagement agreement
4. Project Execution: We deliver services according to the agreed scope and timeline
5. Project Completion: Final deliverables and knowledge transfer occur per the Agreement

No binding commitment exists until both parties execute a formal engagement agreement. Inquiries and initial consultations do not obligate either party.

5. Fees and Payment

Our services are offered on a fixed-fee basis as outlined in engagement agreements. Payment terms include:

• Currency: All fees are quoted and payable in Thai Baht (฿) unless otherwise specified
• Payment Schedule: Typically structured with an initial deposit at engagement start and milestone-based payments throughout the project
• Payment Methods: Bank transfer to our designated account; payment instructions provided in invoices
• Late Payments: Overdue payments may incur late fees as specified in the Agreement and may result in suspension of services
• Expenses: Travel, accommodation, and other direct project expenses are typically included in fixed fees unless explicitly stated otherwise

Fees are subject to applicable taxes. Value Added Tax (VAT) will be added to invoices as required by Thai law.

6. Refund Policy

Due to the nature of professional consulting services, refunds are generally not available once work has commenced. However:

• If either party terminates an engagement early, fees will be prorated based on work completed
• Deposits paid before work commences may be refunded minus administrative costs if cancellation occurs within specified timeframes
• Disputes regarding fees or deliverables should be raised promptly and will be addressed through the dispute resolution process outlined in Section 14

7. Client Responsibilities

To enable successful project execution, Clients agree to:

• Provide timely access to relevant personnel, data, and facilities as reasonably required
• Share accurate and complete information necessary for our assessment and recommendations
• Designate appropriate points of contact with decision-making authority
• Respond to information requests and meeting invitations within reasonable timeframes
• Maintain confidentiality of our methodologies, deliverables, and work product
• Implement recommendations at their own discretion and risk

8. Intellectual Property

Our Intellectual Property: All methodologies, frameworks, templates, and proprietary tools used in delivering our services remain the intellectual property of Crest Mara. Clients receive a limited, non-exclusive license to use deliverables for their internal business purposes.

Client Information: Clients retain ownership of all proprietary information and data they provide to us. We do not claim ownership of Client intellectual property.

Clients may not reproduce, distribute, or commercialize our methodologies or deliverables without prior written consent. Website content, including text, graphics, and logos, is protected by copyright and may not be copied without permission.

9. Confidentiality

We maintain strict confidentiality regarding Client information shared during engagements. We will not disclose proprietary data, strategic plans, operational details, or other sensitive information without Client consent, except:

• When required by law or court order
• To our employees and contractors who need access to perform services, under confidentiality obligations
• When information is publicly available or independently developed

Confidentiality obligations survive engagement termination. Clients similarly agree to maintain confidentiality of our proprietary methodologies and work product.

10. Disclaimers and Limitations

Nature of Consulting Services: Our services consist of professional advice and recommendations based on information available at the time of engagement. We do not guarantee specific business outcomes or results.

No Warranties: Services are provided "as is" without warranties of any kind, express or implied. We do not warrant that our recommendations will achieve particular objectives or that implementation will occur without challenges.

Implementation Responsibility: Clients retain sole responsibility for decisions regarding implementation of recommendations. We are not liable for consequences of implementation choices or business decisions made based on our advice.

Professional Judgment: Our recommendations reflect professional judgment at the time of delivery. Changing circumstances may affect the continued relevance of our advice.

11. Limitation of Liability

To the maximum extent permitted by Thai law:

• Our total liability for any claims arising from an engagement shall not exceed the total fees paid by the Client for that engagement
• We are not liable for indirect, consequential, special, or punitive damages, including lost profits or business interruption
• Claims must be brought within one year of the incident giving rise to the claim

These limitations apply regardless of the legal theory underlying the claim and even if we have been advised of the possibility of such damages.

12. Termination

By Either Party: Either party may terminate an engagement with written notice as specified in the Agreement, typically 14 days.

By Crest Mara: We may terminate immediately if Client breaches material terms, fails to make required payments, or engages in conduct that compromises our professional integrity.

Effect of Termination: Upon termination, Client pays for work completed to date. We will provide deliverables for completed project phases. Confidentiality obligations continue indefinitely.

13. Website Use

When using our website, you agree to:

• Use the website only for lawful purposes
• Not attempt to gain unauthorized access to our systems or data
• Not introduce malicious code, viruses, or harmful content
• Not scrape, mine, or extract data through automated means
• Respect intellectual property rights in website content

We may suspend or terminate website access for violations of these terms or for maintenance and security purposes.

14. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by the laws of Thailand. Any disputes shall be subject to the exclusive jurisdiction of courts in Bangkok, Thailand.

Dispute Resolution: Before initiating formal legal proceedings, parties agree to attempt good-faith negotiation to resolve disputes. If negotiation fails within 30 days, either party may pursue mediation or legal remedies.

15. General Provisions

Entire Agreement: These Terms, together with any engagement agreement, constitute the entire agreement between parties regarding subject matter herein.

Severability: If any provision is found unenforceable, remaining provisions remain in full effect.

Waiver: Failure to enforce any provision does not constitute a waiver of that provision.

Assignment: Clients may not assign rights or obligations under these Terms without our written consent. We may assign to affiliates or successors.

Force Majeure: Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, pandemics, or governmental actions.

16. Contact Information

For questions about these Terms or to discuss engagement opportunities: