Standard Terms and Conditions for DAS STUDIO Marketing Services Co., Ltd.

1. Introduction

1.1 These terms and conditions govern the provision of marketing services by

DAS STUDIO Marketing Services Co., Ltd. (“the Company”) to business clients (“the Client”).

1.2 By engaging the Company’s services, the Client agrees to these terms and conditions in full.

2. Definitions

2.1 “Company” refers to DAS STUDIO Marketing Services Co., Ltd., registered at 490 Moo.6, Maliwan Road, Ban Ped, Mueang Khon Kaen, Thailand 40000.

2.2 “Client” means any business entity that engages the Company for Services.

2.3 “Services” means any marketing or any other related services provided by the Company for the Client.

2.4 “Contract” refers to the agreement between the Company and the Client for the provision of Services.

2.5 “Terms And Conditions” refer to these Standard Terms and Conditions of the Company, including

any of its supplements, revisions, and amendments made by the Company from time to time.

3. Orders and Acceptance

3.1 All orders or price confirmations from the Clients shall be considered an offer from the Client and must be confirmed in writing and are subject to acceptance by the Company. The Client acknowledges that the Company‘s brochures, price lists, quotations, and proposals are only intended solely to provide information regarding the Services to the Client and do not constitute an offer.

3.2 The Company reserves the right to refuse any engagement at its discretion and to modify the details of the Services at any time prior to providing the Company’s written confirmation.

3.3 A Contract shall be formed only upon written confirmation from the Company or upon the Company’s commencement of service delivery (as the case may be).

4. Prices and Payment

4.1 Prices for Services are as stated in the Company’s pricing schedule or as otherwise agreed in writing and are exclusive of the Value-Added Tax (VAT).

4.2 The Company reserves the right to amend its pricing at any time with prior notice of minimum of 6 (six) month.

4.3 Payment must be made within 21 (twenty-one) days from the date of invoice, unless otherwise agreed in writing by the Company.

4.4 Payment shall be made by the Client in full, without deduction or set off of any kind (cash discount, expenses, taxes, fees, etc.). Payment shall also be required in cases where the performance of the Services has been delayed, interrupted, or rendered impossible, for reasons for which the Company may not be held responsible.4.5 The Company may charge interest on overdue payments at a rate of 5% per annum. However, the payment interest shall not prejudice the right of the Company to claim any further damages incurred to the Company as a result of the delay in payment by the Client.

5. Service Delivery and Performance

5.1 The Company shall make reasonable efforts to deliver Services within the agreed timelines but does not guarantee specific outcomes unless expressly defined in a Contract signed by both parties.

5.2 The Client acknowledges that the effectiveness of marketing Services may depend on various factors beyond the Company’s control, including but not limited to, the Client’s proper participation and support.

5.3 The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to force majeure, cyber-attacks, power-outings, Internet service failures, or other unforeseeable events at the time of conclusion of the Contract, or any reasons for which the Client may be held responsible, whether directly or indirectly.

5.4 In case the delay or failure in the performance of Services by the Company is due to any reasons for which the Client may be held responsible, whether directly or indirectly, the Client shall indemnify and hold the Company harmless from any additional costs, which incur as a result of such delay or failure in performance.

6. Revisions and Cancellations

6.1 Any request for revisions must be submitted in writing to the Company within 3 (three) days of the completion of the Services and may be subject to additional fees as deemed reasonable by the Company.

6.2 Cancellations must be made in writing to the Company and may be subject to fees based on the stage of work completed and any other cost incurred by the Company as a result of the preparation and/or execution of such Services.

6.3 The refund (if any) can be made either in the form of cash refunds or credits at the Company’s discretion.

7. Liability and Warranty

7.1 The Company warrants that the Services shall be performed with reasonable skill and care.

7.2 The Company’s liability shall be limited to the value of the Services provided under the Contract.

7.3 The Company shall not be liable for any indirect, consequential, or economic loss suffered by the Client.

8. Termination

8.1 Either party may terminate the Contract with immediate effect if the other party breaches its obligations and fails to remedy the breach within 30 (thirty) days upon receipt of a written notice from the non-defaulting party.

8.2 The Company may terminate the Contract if the Client becomes insolvent or unable to pay its debts.

9. Confidentiality

9.1 Both parties shall treat any information disclosed during the Contract as strictly confidential andshall not disclose it to third parties. Both parties insure that all stakeholders are aware of such confidentiality agreements.

9.2This duty of confidentiality shall remain in effect at all times, including after the conclusion of the Services, unless such information has become publicly available without the breach of confidentiality.

10. Disclosure required by Law

The Receiving Party may make any disclosure required by law, regulation or order of a court of competent jurisdiction to disclose any of the Confidential Information and, to the extent it is permitted by law to do so, it will immediately notify the Disclosing Party in writing of such request or order for disclosure prior to making any such disclosure.

11. Force Majeure

The Company shall not be liable for failure to perform its obligations due to events beyond its reasonable control, including but not limited to natural disasters, cyber-attacks, power-outage, Internet failure, strikes, war, riots, epidemics, pandemics, or government actions.

12. Governing Law and Jurisdiction

12.1 These Terms and Conditions and any and all legal relations between the Client and the Company out of or in relation to these Terms and Conditions shall be governed by and construed in accordance with:

a. For Thai domestic transactions: material laws of the kingdom of Thailand;

b. For international transactions: material laws of the of Germany

12.2 Any disputes arrising out of and in connection with these Terms and Conditions shall be subject to the jurisdiction of:

a. For Thai domestic transactions: the competent courts of Thailand;

b. For international transactions: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Thailand in accordance with the Thailand Arbitration Center (“THAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be 2. The seat, or legal place, of arbitration shall be Bangkok, Thailand. The language to be used in the arbitral proceedings shall be English. In the event of any arbitration proceeding as set forth herein, the prevailing party shall be entitled to reimbursement of its incurred legal fees from the non-prevailing party as deemed reasonable by the tribunal and in accordance with the respective rate of prevailing or losing in connection with such proceedings.

Notwithstanding the above, any party shall, at its own discretion, alternatively have the right to file a case, including any actions for part of the claim, to the ordinary court of competent jurisdiction, provided that the amount in dispute determined by such competent court is not exceeding USD 100,000 (one hundred thousand USD) or equal amount in other currency. Petitions for injunctive relief may be addressed to ordinary courts of competent jurisdiction at any time.

13. Amendments

The Company reserves the right to amend these terms and conditions at any time, with reasonable notice to the Client.

14. Severability

If any provisions of the Terms and Conditions are held to be illegal, invalid, or unenforceable, it shall not affect the validity of the remaining provisions and the continued existence of the Terms And Conditions. The illegal, invalid, or unenforceable provision shall be replaced by a regulation, the economic substance of which comes closest to that of such provision.

DAS STUDIO Marketing Services Co., Ltd., registered at 490 Moo.6, Maliwan Road, Ban Ped, Mueang Khon Kaen, Thailand 40000, contact e-mail: info@das- studio.asia