Terms of Service
1. Introduction
These Terms of Service ("Terms") govern your use of the website thelistyouneed.com (the "Website") operated by The Checklist Co. Ltd. ("we", "us", "our").
By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.
2. Who we are
- Company name: The Checklist Co. Ltd.
- Address: 81/1 room 503 Floor 5 Soi 2 Sukhumvit Road Klongtoei Bangkok 10110 Thailand
- Country of incorporation: Thailand
- Tax ID: 0105568060109
We provide AI consulting, digital marketing and e‑commerce related services, including but not limited to strategic keyword research, campaign build and ad copy, technical setup and launch, performance analysis, and ongoing account management (together, the "Services").
The Website is an information and enquiry channel only. No payments or purchases are completed through the Website.
3. Use of the Website
You may use the Website only for lawful purposes and in accordance with these Terms.
You agree that you will not:
- Use the Website in any way that violates applicable law or regulation.
- Attempt to gain unauthorized access to any part of the Website or our systems.
- Copy, scrape, crawl, data‑mine, or use automated tools to extract content from the Website.
- Reverse‑engineer, decompile or attempt to derive the source code of any part of the Website.
- Use any content or materials from the Website to create a competing service or offering.
We reserve the right to suspend or terminate your access to the Website at any time if we reasonably believe you have breached these Terms or used the Website in an improper manner.
4. Enquiries and service engagements
The Website allows you to submit an enquiry form so we can contact you regarding our Services. Submitting an enquiry does not create a binding contract.
A binding service agreement is formed only when:
- We accept your request,
- We agree on the scope, fees and conditions (for example through a proposal, order form or email), and
- We receive payment in accordance with the agreed terms.
We typically require payment by bank transfer, and prices displayed on the Website are expressed before Thai VAT. VAT, if applicable, will be added separately on the invoice.
5. Prices and changes
Any prices shown on the Website are indicative price points for our standard Services and do not include Thai VAT unless expressly stated.
We reserve the right to change the scope, structure and prices of our Services at any time without prior notice on the Website. Changes do not affect engagements that have already been agreed and paid, unless mutually agreed.
6. Delivery timelines and client obligations
For our core strategic keyword research and similar fixed‑scope Services, our standard delivery target is within 5 business days after we have received all required information and payment, unless otherwise agreed in writing.
Delivery timeframes may vary depending on:
- The specific Service you purchase.
- The completeness and timeliness of the information and access you provide (for example to advertising or analytics accounts).
If you delay providing necessary information, access or approvals, the corresponding work will be automatically rescheduled. We are not responsible for delays caused by your failure to provide required inputs.
We offer up to two rounds of clarifications and reasonable adjustments to the agreed deliverables, provided they are requested within a reasonable time after delivery. Substantial changes to scope may require an additional fee.
7. Refunds, cancellations and ongoing services
Project‑based Services
We provide a satisfaction‑oriented guarantee as described on the Website. If, after you complete our intake process, we determine that your market is not a good fit for our Services or that we cannot reasonably provide meaningful insights, we may decide not to proceed and issue a full refund of any fees paid for that project.
Once we have started work on a project, refunds are generally not available except as required by law or as explicitly agreed in writing.
Ongoing monthly management
If you engage us for ongoing monthly management of your accounts, that service is typically billed on a monthly basis.
- You may cancel at any time by giving us notice in writing (for example by email).
- After cancellation, we will complete the current ongoing monthly period if you wish, and the service will end at the close of that period.
We may suspend or terminate ongoing services if you fail to pay fees when due, fail to cooperate, or misuse our Services in a way that breaches these Terms or any separate agreement.
8. Intellectual property
Unless otherwise agreed in writing:
- We retain all intellectual property rights in our methods, processes, templates, software, tools and other materials used to deliver the Services.
- Upon full payment of our fees for a project, you receive a non‑exclusive, non‑transferable license to use the specific deliverables (such as reports and recommendations) for your own internal business purposes.
You may not resell, redistribute, or publicly publish our deliverables or materials as your own productized service or template without our prior written consent.
All trademarks, logos and content displayed on the Website are the property of their respective owners and may not be used without permission.
9. No guarantee of results
We will exercise reasonable skill and care in providing our Services based on the information, access and cooperation you provide. However, advertising and marketing results depend on many factors beyond our control, including your products, pricing, competition, market conditions, platforms' algorithms, and your own implementation of our recommendations.
Accordingly:
- We do not guarantee any specific results, such as a minimum number of leads, sales, or return on ad spend.
- We are not responsible for your decisions regarding budget, bidding, or implementation of our advice in your own accounts or systems.
10. Limitation of liability
To the fullest extent permitted by applicable law, we shall not be liable for:
- Any loss of profit, revenue, savings, business opportunity, goodwill, or data.
- Any indirect, incidental, consequential, special, punitive or exemplary damages.
Our total aggregate liability arising out of or in connection with any project or engagement, whether in contract, tort (including negligence) or otherwise, will in all cases be limited to the total fees actually paid by you to us for the specific project or Service giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
11. Age and eligibility
The Website and our Services are intended for individuals who are at least 20 years old (age of majority under Thai law) and for business use.
By using the Website or submitting an enquiry, you represent that you are at least 20 years old and have authority to act on behalf of yourself or the business you represent.
12. Third‑party services and links
The Website may contain links to third‑party websites or services (for example, advertising platforms, analytics tools or social media). We do not control and are not responsible for the content, terms or policies of those third parties.
Your use of third‑party websites and services is at your own risk and subject to their own terms and conditions.
13. Privacy and data protection
Your use of the Website and our handling of personal data are also governed by our Privacy Policy, which is available on the Website.
By using the Website, you acknowledge that you have read and understood our Privacy Policy and how we collect and use personal data in connection with our Services.
14. Governing law and dispute resolution
These Terms and any dispute or claim arising out of or in connection with them (including non‑contractual disputes or claims) shall be governed by and construed in accordance with the laws of Thailand.
We aim to resolve any disputes amicably. If a dispute arises, you agree to first attempt to resolve it with us through good‑faith negotiation. If the dispute cannot be resolved informally:
- The dispute may be submitted to mediation or arbitration in Thailand, if mutually agreed; and
- Failing such agreement, the courts of Thailand (and, where appropriate, the competent courts in Bangkok) shall have jurisdiction.
15. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page.
Your continued use of the Website after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree with the changes, you should stop using the Website.
16. Contact
If you have any questions about these Terms or our Services, please contact:
- The Checklist Co. Ltd.
- Email: b3nz@thelistyouneed.com
- Address: 81/1 room 503 Floor 5 Soi 2 Sukhumvit Road Klongtoei Bangkok 10110 Thailand