Terms & Conditions

1. Definitions

In these Terms and Conditions:

• "We," "Us," "Our" refers to Portivus, a customs compliance advisory firm operating in Thailand
• "You," "Your," "Client" refers to the individual or entity engaging our advisory services
• "Services" refers to customs compliance advisory services including tariff classification guidance, audit defense representation, and free zone operational advice
• "Agreement" refers to the acceptance of these Terms and Conditions along with any service engagement letter
• "Website" refers to https://portiivussz

2. Acceptance of Terms

By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these terms, you should not use our website or services.

You represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are accessing our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these terms.

3. Service Description

Portivus provides professional advisory services related to customs compliance in Thailand, including but not limited to:

• Customs tariff classification opinions and guidance
• Free Trade Agreement qualification assessment
• Audit defense and representation before the Thai Customs Department
• Free Zone and Bonded Warehouse operational advisory
• Rules of origin documentation guidance

Our services are advisory in nature. We provide professional opinions and guidance based on our analysis of applicable customs regulations and your specific circumstances. Final decisions regarding customs compliance remain your responsibility.

4. Service Engagement and Scope

Each service engagement will be governed by a specific engagement letter or service agreement that outlines:

• Scope of services to be provided
• Timeline and deliverables
• Fees and payment terms
• Specific terms relevant to the engagement

Services will only commence upon execution of an engagement letter and receipt of any required advance payment. We reserve the right to decline any service request at our discretion.

5. Fees and Payment

Service fees will be specified in the engagement letter for each project. Unless otherwise agreed:

• Fees are quoted in Thai Baht (THB)
• An advance payment of 50% may be required before services commence
• Final payment is due within 15 days of invoice date
• Late payments may incur interest at 1.5% per month
• All fees are exclusive of applicable VAT unless stated otherwise

We reserve the right to suspend services if payment becomes overdue. Additional costs such as third-party fees, translation services, or travel expenses will be billed separately unless included in the engagement scope.

6. Client Responsibilities

To enable us to provide effective advisory services, you agree to:

• Provide complete and accurate information regarding your customs compliance matters
• Provide timely access to relevant documentation, product specifications, and records
• Respond promptly to our requests for clarification or additional information
• Inform us of any changes in circumstances that may affect our advisory work
• Comply with applicable customs laws and regulations
• Make final decisions regarding customs positions and filings based on your business judgment

7. Confidentiality

We recognize the confidential nature of customs compliance information and commit to:

• Maintain confidentiality of all client information under professional privilege standards
• Implement secure file management and access controls
• Restrict disclosure to team members on a need-to-know basis
• Obtain your consent before disclosing information to third parties (except as required by law)

Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law or regulatory authority.

8. Intellectual Property

All content on our website, including text, graphics, logos, and software, is the property of Portivus or its licensors and is protected by Thai and international copyright laws.

Advisory opinions, reports, and other deliverables we provide to you during an engagement may be used by you for your internal business purposes related to the specific matter addressed. You may not reproduce, distribute, or commercialize our work product without our prior written consent.

We retain intellectual property rights in our methodologies, processes, and general knowledge developed through our practice.

9. Disclaimer of Warranties

Our advisory services are provided based on our professional knowledge and analysis of applicable regulations. However:

• We cannot control how customs authorities may interpret or apply regulations
• Customs law and administrative practices may change
• Our opinions are based on information you provide and publicly available sources
• We do not provide legal advice; clients should consult attorneys for legal matters

Our services are provided "as is" without warranties of specific outcomes. We make no representations regarding customs authority decisions or the results of audit proceedings.

10. Limitation of Liability

To the maximum extent permitted by Thai law:

• Our total liability for any engagement shall not exceed the fees paid for that specific engagement
• We shall not be liable for indirect, consequential, or punitive damages
• We shall not be liable for losses resulting from your business decisions or actions taken based on our advisory opinions
• We shall not be liable for customs authority decisions, penalty assessments, or duty adjustments

This limitation applies whether claims arise in contract, tort, or otherwise. Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold Portivus, its advisors, and employees harmless from any claims, damages, or expenses (including legal fees) arising from your use of our services, your violation of these terms, or your violation of any applicable laws or regulations.

12. Termination

Either party may terminate an engagement with written notice. Upon termination:

• You remain obligated to pay for services rendered through the termination date
• We will deliver any completed work product
• Confidentiality obligations continue
• We may retain copies of work product for our professional records

We reserve the right to terminate services immediately if payment becomes overdue or if continuation would violate professional standards.

13. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of Thailand, without regard to conflict of law principles.

Any disputes arising from these terms or our services shall first be addressed through good faith negotiation. If negotiation does not resolve the dispute within 30 days, either party may pursue resolution through the courts of Thailand with jurisdiction in Bangkok.

14. General Provisions

Entire Agreement

These Terms and Conditions, together with any engagement letter, constitute the entire agreement between you and Portivus regarding our services and supersede all prior communications.

Severability

If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision.

Assignment

You may not assign your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations with notice to you.

15. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective when posted on our website with an updated "Last Updated" date.

Continued use of our website or services after changes are posted constitutes acceptance of the modified terms. For ongoing engagements, changes will apply to services commenced after the modification date.