General terms
These Terms of Service govern access to and use of services provided by nexsmartz at nexsmartz.pro. They define the contractual relationship between professional users (including realtors, consultant, and legal representatives) and nexsmartz, describe permitted use, and set out responsibilities, payment terms, and dispute resolution procedures applicable within Thailand.
Eligibility and permitted use
Services are intended for legal professionals, licensed real estate agents, and businesses operating within relevant jurisdictions. By using our services you represent that you are authorized to engage legal advice on behalf of the entity you represent and that your use complies with applicable professional regulations.
Users must be at least 18 years old and legally capable of entering into binding contracts under applicable law. Use by minors or legally incapacitated individuals is prohibited.
You agree not to use nexsmartz services for unlawful activities, including facilitating funds laundering, fraud, or activities that violate Thai property and contract law. Use must align with professional ethical standards applicable to real estate practice.
Access and availability of certain services may be limited by local law. nexsmartz provides services focused on Thailand; if you are located outside Thailand, you remain responsible for ensuring compliance with local rules governing receipt of foreign legal services.
Accounts and access
To access certain features, you may be required to register for an account. Account registration requires accurate, current information. You are responsible for maintaining the confidentiality and security of your credentials.
All information provided during registration and use must be truthful and accurate. You must promptly update account information to keep it current. Providing misleading or false information may result in suspension of services.
You are responsible for safeguarding your account credentials and for any activity conducted through your account. Notify nexsmartz immediately if you suspect unauthorized access. We implement technical and administrative security measures to protect account data.
Accounts are personal and non-transferable except with explicit written consent from nexsmartz. Sale, assignment, or transfer of an account without authorization is prohibited.
If you believe your account has been compromised, contact support immediately at [email protected] so we can take steps to secure the account and contribute suspicious activity.
nexsmartz may suspend or terminate accounts for breaches of these Terms, suspicious behavior, non-payment, or legal requirements. We will attempt to notify the account holder prior to suspension where feasible.
Scope of services
nexsmartz provides legal advisory, contract drafting and review, transaction due diligence, compliance guidance, and dispute support specifically designed for real estate professionals operating in Thailand. Services are delivered by qualified legal professionals and tailored to each client’s matter.
nexsmartz may modify the scope, features, or availability of services for operational, regulatory, or business reasons. Material changes affecting active engagements will be communicated to affected clients with reasonable notice.
We strive for reliable service availability but cannot guarantee uninterrupted access. Maintenance, regulatory requirements, or force majeure events may temporarily affect service delivery. We will inform clients of expected disruptions when possible.
User obligations and conduct
Users must act professionally and in good faith when using nexsmartz services. The following rules outline prohibited conduct aimed at preserving service integrity and protecting other users.
- Do not submit fraudulent, defamatory, or unlawful content or otherwise engage in unlawful conduct through the service.
- Do not attempt to bypass security controls, reverse engineer the platform, or otherwise interfere with system integrity.
- Do not use the service to solicit personal relationships, engage in harassment, or distribute unsolicited commercial messages.
- Comply with professional secrecy, client confidentiality, and applicable ethical rules when sharing case materials.
- Provide accurate documentation and disclosures necessary for legal advice; withholding material facts that affect legal analysis is not permitted.
- Respect intellectual property rights of nexsmartz and third parties; do not upload or distribute infringing content.
- Cooperate with reasonable requests from nexsmartz for verification or clarification in the course of delivering services.
User content and materials
Clients may upload documents, contracts, property records, and other materials necessary for legal work. You remain responsible for the accuracy and lawfulness of any materials you provide.
You retain ownership of the content you submit to nexsmartz. By submitting content, you represent that you have the necessary rights to share such materials for the purpose of obtaining legal services.
By providing materials to nexsmartz you grant a non-exclusive, worldwide, royalty-free license for nexsmartz and its advisors to use, reproduce, and process the content solely to deliver contracted services and comply with legal obligations.
You are responsible for removing or redacting sensitive personal data not required for legal analysis. nexsmartz will handle submitted materials in accordance with our privacy policy and applicable confidentiality duties.
Requests to remove user content will be handled in accordance with contractual obligations and legal requirements. Removing content may limit our ability to provide effective legal advice on the matter.
Intellectual property
All intellectual property in the services, website content, tools, templates, and materials owned by nexsmartz is reserved. Users are granted a limited license to use materials provided by nexsmartz solely for their internal business purposes related to the services.
- You may not copy, distribute, modify, or create derivative works of nexsmartz proprietary materials without express written permission.
- You may not remove or alter copyright, activity, or other proprietary notices on materials obtained from nexsmartz.
- Unauthorized commercial exploitation of nexsmartz intellectual property is prohibited and may lead to termination and legal action.
Paid services and billing
Certain services, such as detailed contract drafting, court representation coordination, and extended due diligence, are offered on a paid basis. Fees are disclosed in engagement letters or order confirmations specific to each service.
Pricing is set forth in written proposals or service schedules. Fees reflect the complexity of the matter, time required, and specialist expertise involved. Any estimates provided are indications based on the information available at the time.
Payments must be made according to the invoice terms. Accepted payment methods and invoicing schedules will be described in the engagement documents. Outstanding balances may accrue interest as specified in the contract.
Subscription or retainer arrangements may be offered for ongoing advisory services to real estate professionals. Subscription terms, renewal, and termination conditions are set out in the subscription agreement.
Refunds are considered on a case-by-case basis in line with the terms of the engagement. Where services have been performed, refunds will reflect work completed and reasonable costs incurred.
Clients may cancel services subject to the notice and cancellation provisions in the engagement letter. Cancellation may trigger payment obligations for work performed up to the cancellation date.
Clients are responsible for applicable taxes related to services received. nexsmartz will itemize taxes on invoices where required by law.
nexsmartz reserves the right to adjust pricing for future services with notice. Existing engagements will be governed by the prices specified in the applicable engagement documents.
Failure to pay invoices may result in suspension of services, retention of files until payment, and recovery actions permitted by law. nexsmartz may exercise rights to suspend new work until accounts are current.
No warranty of outcomes
Legal advice provided by nexsmartz is based on the facts and documents supplied and available law at the time of delivery. Outcomes of legal processes depend on many variables; nexsmartz provides professional analysis and recommendations but does not make promises regarding case outcomes or third-party decisions.
Limitation of liability
To the extent permitted by law, nexsmartz’s liability for direct damages arising from services is limited to fees paid for the specific service giving rise to liability. Neither party will be liable for indirect, incidental, or consequential losses, except as required by mandatory law.
Third-party services and referrals
nexsmartz may recommend or coordinate with third-party service providers such as surveyors, translators, or local counsel. Referral or coordination does not transfer responsibility for third-party performance to nexsmartz. Engagement with third parties is subject to separate agreements.
Termination of services
Either party may terminate an engagement in accordance with the terms of the engagement letter. Termination will not affect accrued obligations, fees owed for services rendered, or confidentiality obligations.
Upon termination, nexsmartz will provide reasonable assistance for transition where required and retain copies of files as required by professional rules. Clients remain responsible for outstanding fees and expenses incurred prior to termination.
Privacy and confidentiality
nexsmartz will handle client information in accordance with the privacy policy and professional confidentiality duties. Information disclosed during legal engagements is protected and only shared with third parties when necessary to provide services or required by law.
Communications and electronic delivery
nexsmartz may communicate electronically, including email and secure client portals. Electronic delivery is generally considered effective; clients should ensure secure and accurate contact details are provided.
Changes to terms
We may update these Terms of Service to reflect changes in our services or legal requirements. Material changes will be notified by posting updated terms on nexsmartz.pro and, where appropriate, by direct communication.
Governing law
These Terms are governed by the laws of the Kingdom of Thailand. Parties submit to the non-exclusive jurisdiction of Thai courts for resolution of disputes, except where alternative dispute resolution is agreed in the engagement letter.
Dispute resolution
Parties should attempt to resolve disputes through good-faith negotiation. If unresolved, matters may be referred to mediation or arbitration in Thailand, or to the competent Thai courts, consistent with the terms of the engagement agreement.