Terms & Conditions

Gorkha Tech Innovation Co., Ltd. | Effective Date: 1 June 2026 | Last Updated: 1 June 2026

1. Introduction & Acceptance of Terms

These Terms and Conditions (“Terms”) govern the relationship between Gorkha Tech Innovation Co., Ltd. (“Gorkha Tech”, “we”, “us”, “our”), a company registered in Thailand and operating at City Link Building A, Phetchaburi 35 Alley, Makkasan, Bangkok 10400, and any individual, business, or organisation (“Client”, “you”, “your”) that engages our services, visits our website, or enters into a service agreement with us.

By engaging our services, signing a service agreement, making a payment, or continuing to use our services after being notified of these Terms, you confirm that you have read, understood, and agreed to be bound by these Terms in full. If you do not agree with any part of these Terms, you must not engage our services.

2. Services

Gorkha Tech provides digital marketing services including but not limited to: Search Engine Optimisation (SEO), Answer Engine Optimisation (AEO), Pay-Per-Click advertising management (Google Ads and Meta Ads), Social Media Management, Content Strategy and Copywriting, Conversion Rate Optimisation (CRO), Marketing Automation and CRM, Link Building and Outreach, SEO Audits and Strategy, and On-page SEO Optimisation.

The specific services, deliverables, timelines, and fees applicable to each Client engagement are set out in a separate Service Agreement, Proposal, or Statement of Work (“SOW”) provided to the Client prior to commencement. In the event of any conflict between these Terms and the Service Agreement, the Service Agreement shall take precedence for the specific matter in question.

Gorkha Tech reserves the right to modify, suspend, or discontinue any service at any time with reasonable notice. We also reserve the right to subcontract any part of the services to qualified third-party providers, while retaining full responsibility for the quality and delivery of the contracted work.

3. Client Obligations

To enable Gorkha Tech to deliver the contracted services effectively, the Client agrees to:

Provide timely access to all platforms, accounts, and credentials required – including website admin access, Google Analytics, Google Search Console, Google Ads, Meta Business Manager, and social media accounts
Supply accurate and complete information about the business, products or services, target audience, and competitors
Review and provide feedback on content, designs, and deliverables within agreed timelines – delays caused by the Client may result in project delays for which Gorkha Tech is not responsible
Ensure all materials provided to Gorkha Tech are owned by the Client or legally licensed for use and do not infringe third-party intellectual property rights
Notify Gorkha Tech of any business changes that may affect the delivery or strategy of contracted services
Pay all invoices in accordance with the payment terms set out in these Terms and the Service Agreement

4. Payment Terms

Monthly retainers are invoiced at the start of each billing period and due within 7 days of the invoice date. Services commence upon receipt of cleared payment.
One-time projects require a 50% non-refundable deposit before work commences, with the remaining 50% due upon completion before final delivery.
Ad spend budgets are paid directly by the Client to Google, Meta, or the relevant advertising platform. Gorkha Tech management fees are separate from ad spend.
Late payments – invoices unpaid after 14 days may incur a late payment fee of 1.5% per month on the outstanding balance. Services may be suspended for overdue accounts.
Accepted payment methods: Thai bank transfer, international wire transfer, credit card, and PromptPay.
All fees are quoted and invoiced in Thai Baht (THB) unless otherwise agreed in writing.
Service fees may be adjusted with 30 days written notice to existing clients.

5. Intellectual Property

Client-owned deliverables: All content, copy, designs, reports, and creative assets produced specifically for the Client become the Client’s intellectual property upon full payment.
Gorkha Tech-owned materials: Gorkha Tech retains ownership of its methodologies, processes, tools, templates, and proprietary frameworks. These are licensed to the Client during the engagement but do not transfer to the Client.
Third-party materials: Where third-party stock images, fonts, or software are used in deliverables, their use is subject to relevant third-party licence terms.
Client materials: The Client grants Gorkha Tech a non-exclusive licence to use brand assets and materials solely for delivering the contracted services.
Portfolio use: Gorkha Tech may reference the Client’s name and work in our portfolio and case studies unless the Client requests confidentiality in writing.

6. Confidentiality

Both parties agree to keep confidential all non-public information disclosed by the other party in connection with the services – including business strategies, financial data, customer lists, technical systems, marketing plans, and pricing. Confidential Information shall not be disclosed to any third party without prior written consent, except where required by law.

Both parties agree to use Confidential Information only for the purpose of delivering or receiving the contracted services. These confidentiality obligations survive termination of the service relationship for three years.

7. Results & Performance Guarantees

Gorkha Tech will deliver all contracted services with professional skill and care using ethical, Google-compliant methodologies. However, the Client acknowledges that:

Digital marketing results are influenced by factors outside Gorkha Tech’s control – including search engine algorithm updates, market competition, platform policy changes, seasonality, and the Client’s own website and business factors.
Gorkha Tech does not guarantee specific rankings, traffic volumes, leads, sales, or return on ad spend unless explicitly stated in writing in the Service Agreement.
Any estimates or projections provided are indicative only and do not constitute guaranteed outcomes.
The Client’s failure to fulfil their obligations under Section 3 may negatively impact results and does not constitute grounds for a refund or fee reduction.

8. Limitation of Liability

To the maximum extent permitted by applicable Thai law:

Gorkha Tech’s total liability to the Client shall not exceed the total fees paid in the three months immediately preceding the event giving rise to the claim.
Gorkha Tech shall not be liable for indirect, consequential, or special damages – including loss of revenue, profit, data, or business – arising from our services.
Gorkha Tech shall not be liable for losses caused by search engine algorithm changes, platform policy changes, third-party outages, or events beyond our reasonable control.
Nothing in these Terms excludes liability for fraud, gross negligence, or any other liability that cannot be excluded under Thai law.

9. Termination

By the Client: After any minimum commitment period, the Client may terminate with 30 days written notice to admin@gorkhatech.co.th. Fees for the notice period remain due.
By Gorkha Tech: Gorkha Tech may terminate with 30 days written notice. Where termination is without cause, prepaid fees for undelivered services will be refunded pro-rata.
Immediate termination: Either party may terminate immediately if the other materially breaches these Terms and fails to remedy within 14 days of written notice, or becomes insolvent.
Effect of termination: Gorkha Tech will cease all work, provide completed deliverables paid to date, and return access to all Client accounts. The Client remains liable for all fees incurred up to termination.

10. Third-Party Platforms & Services

Many of Gorkha Tech’s services involve third-party platforms including Google, Meta (Facebook, Instagram), and LINE. The Client acknowledges that:

Third-party platforms are subject to their own terms and policies which may change without notice. Gorkha Tech is not responsible for platform policy changes that affect service delivery or performance.
Gorkha Tech is not affiliated with or officially endorsed by Google, Meta, or any other platform unless explicitly stated.
Ad spend paid directly to advertising platforms is governed by those platforms’ billing policies. Gorkha Tech accepts no responsibility for third-party billing, refunds, or account decisions.
Platform access may be suspended by the platform itself for reasons outside Gorkha Tech’s control, including the Client’s own violation of platform policies.

11. Data & Privacy

Gorkha Tech processes personal data in accordance with Thailand’s Personal Data Protection Act (PDPA) and our Privacy Policy.

Where Gorkha Tech accesses personal data belonging to the Client’s customers – for example when managing ad audiences, email lists, or CRM systems – Gorkha Tech acts as a data processor on behalf of the Client, who remains the data controller. The Client is responsible for ensuring they have the necessary legal basis and consents in place.

Gorkha Tech will not use, sell, or disclose Client data or Customer personal data for any purpose other than delivering the contracted services.

12. Dispute Resolution

In the event of any dispute, both parties agree to first attempt resolution through good-faith negotiation within 30 days of written notice. If unresolved, either party may refer the matter to mediation before pursuing formal legal proceedings.

For billing disputes, the Client must raise any concern in writing within 14 days of receiving the invoice in question.

13. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Thailand. Any disputes not resolved under Section 12 shall be subject to the exclusive jurisdiction of the competent courts of Thailand.

14. Changes to These Terms

Gorkha Tech may update these Terms at any time. Changes will be published on this page with an updated effective date. For material changes, active clients will be notified by email at least 30 days before changes take effect.

Continued use of our services after changes take effect constitutes acceptance of the updated Terms.

15. Contact Us

If you have any questions about these Terms, please contact us:

Company: Gorkha Tech Innovation Co., Ltd.
Address: City Link Building A, Phetchaburi 35 Alley, Makkasan, Bangkok 10400, Thailand
Email: admin@gorkhatech.co.th
Phone: +66-02-107-2448
Website: gorkhatech.co.th
Business hours: Monday to Friday, 9:00 AM – 6:00 PM (ICT, UTC+7)