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Terms & Conditions

Last Updated: 7 February 2025  |  Effective Date: 7 February 2025

1. Definitions

In these Terms and Conditions, the following terms have the meanings set out below:

  • "Agreement" means these Terms and Conditions together with any engagement letter or service agreement entered into between Nimbora and a Client.
  • "Nimbora" / "We" / "Us" means Nimbora Co., Ltd., registered and operating in Bangkok, Thailand.
  • "Client" / "You" means any individual or organization that engages Nimbora for consulting services or uses this website.
  • "Services" means the business consulting engagements offered by Nimbora, including organizational design, stakeholder communication strategy, and cross-border advisory.
  • "Content" means all written materials, reports, frameworks, templates, and documents produced by Nimbora in the course of an engagement.

2. Acceptance of Terms

By using this website or engaging Nimbora for Services, you confirm that you have read and agree to be bound by these Terms and Conditions. These Terms form the basis of our relationship in the absence of a separate engagement agreement.

Our Services are intended for organizations and business professionals. By engaging us, you confirm that you have the authority to enter into a binding agreement on behalf of your organization, and that you are at least 18 years of age.

3. Service Description

Nimbora provides business consulting services as described on our website and in individual engagement letters. Services are available to clients based in Thailand and internationally, subject to any geographic or regulatory constraints applicable to specific engagements.

The specific scope, timeline, fee, and deliverables for each engagement are confirmed in a separate engagement letter or service agreement, which will take precedence over these general Terms where there is any conflict.

4. User Responsibilities

In engaging Nimbora and using our website, you agree to:

  • Provide accurate and complete information relevant to the engagement
  • Respond to requests for information within reasonable timeframes
  • Not use our website or services for any unlawful purpose
  • Not attempt to gain unauthorized access to any part of our systems
  • Treat Nimbora staff with professional respect throughout the engagement

5. Intellectual Property

All methodologies, frameworks, tools, and general approaches developed by Nimbora remain the intellectual property of Nimbora. Content produced specifically for a client engagement — such as reports, proposals, and communication templates — is licensed to that client for their internal business use upon full payment of the engagement fee.

Clients may not resell, redistribute, or present Nimbora's Content as their own work to third parties without written permission. General methodologies and frameworks used across multiple engagements remain exclusively with Nimbora.

6. Payment Terms

Fees for each engagement are set out in the relevant engagement letter. Unless otherwise agreed:

  • Payment is due in Thai Baht (฿) unless a different currency is expressly agreed
  • An initial payment of 50% of the engagement fee is required prior to commencement
  • The remaining balance is due upon delivery of the final engagement deliverable
  • Invoices are payable within 14 days of issue
  • Late payments may incur interest at 1.5% per month

Cancellation and refunds

If a client cancels an engagement after commencement, the initial 50% payment is non-refundable. If Nimbora is unable to complete an engagement due to circumstances within our control, a proportionate refund will be issued for work not yet delivered.

7. Confidentiality

Both parties agree to keep confidential all information shared in the course of an engagement and marked or reasonably understood to be confidential. This obligation survives the conclusion of the engagement for a period of three years. The specific terms of confidentiality are set out in the mutual non-disclosure agreement signed at the outset of each engagement.

8. Disclaimers

Nimbora provides consulting advisory services — we offer analysis, frameworks, and recommendations. We do not make binding representations about the outcomes of implementing our recommendations. Business outcomes depend on many factors outside our control, including market conditions, management decisions, and third-party actions.

This website is provided "as is". While we take reasonable care to ensure accuracy, we do not warrant that all information is current or error-free.

9. Limitation of Liability

To the fullest extent permitted by Thai law, Nimbora's total liability to any client for any claim arising from an engagement shall not exceed the total fees paid by that client for the relevant engagement. We exclude liability for indirect, consequential, or loss-of-profit damages.

Nothing in these Terms limits liability for fraud, gross negligence, or any other matter that cannot be excluded under Thai law.

10. Indemnification

You agree to indemnify Nimbora against any claims, losses, or costs (including reasonable legal fees) arising from your breach of these Terms or your use of our services in a manner not authorized herein.

11. Termination

Either party may terminate an engagement by providing written notice if the other party materially breaches its obligations and fails to remedy the breach within 14 days of receiving written notice of it. Upon termination, any outstanding fees for work completed to the termination date become immediately payable.

12. Governing Law and Dispute Resolution

These Terms and any disputes arising from them are governed by the laws of the Kingdom of Thailand. The courts of Bangkok shall have exclusive jurisdiction over any disputes that cannot be resolved amicably between the parties.

Before initiating formal legal proceedings, both parties agree to attempt resolution through good-faith discussion. If informal resolution fails, mediation through the Thai Arbitration Institute may be pursued prior to litigation.

13. General Provisions

These Terms, together with any engagement letter, constitute the entire agreement between the parties in respect of the relevant engagement. If any provision is found to be unenforceable, the remaining provisions continue in full force. Failure to enforce any provision at any time does not constitute a waiver of that provision. These Terms may not be assigned by you without our prior written consent.

14. Changes to These Terms

We may update these Terms from time to time. Updated terms will be published on this page with a revised effective date. Continued use of our services after publication constitutes acceptance of the updated Terms. For active engagement clients, any material changes will be communicated directly.

15. Contact

Nimbora Co., Ltd.
56 Sukhumvit Soi 24, Khlong Toei, Bangkok 10110, Thailand
Email: legal@nimborena
Phone: +66 2 391 6748