Terms & Conditions
Please read these terms carefully before engaging Hexenmark for any consulting work. By contacting us, commissioning a service, or making a payment, you indicate that you have read and agree to the terms set out below.
Definitions
Throughout this document, the following terms carry the meanings described below:
- "Agreement" means these Terms & Conditions together with any written engagement letter, proposal, or invoice exchanged between Hexenmark and a Client.
- "Hexenmark", "We", "Us", "Our" refers to Hexenmark, a business consulting practice registered and operating in Phuket, Thailand, with principal place of business at 64 Phang Nga Road, Talat Yai, Phuket 83000.
- "Client", "You", "Your" refers to any individual, company, or organisation that engages Hexenmark for consulting services or accesses this website.
- "Service" refers to any consulting engagement described on our website, including Brand Positioning Workshops, Customer Journey Mapping, and Service Design Working Sessions.
- "Deliverables" refers to written documents, frameworks, maps, summaries, and other materials produced by Hexenmark in the course of an engagement.
- "Website" refers to the site hosted at hexenmar.info.
Acceptance of Terms
By submitting an enquiry, signing an engagement letter, making a payment, or accessing this website, you confirm that:
- You are at least 18 years of age.
- You have the legal authority to enter into this Agreement on behalf of yourself or any organisation you represent.
- You have read, understood, and agree to be bound by these Terms & Conditions.
If you do not agree to these terms, please do not proceed with any engagement or use of the website.
Service Description
Hexenmark provides business consulting services to small and medium-sized businesses operating primarily in Thailand and the wider Southeast Asian region. Our current service offerings are:
- Brand Positioning Workshop (฿11,400): A structured one-day workshop to help leadership teams clarify how their business is positioned in its market. The output is a position statement and short supporting narrative.
- Customer Journey Mapping (฿17,500): A two-to-three-week engagement that produces a written and visual map of a typical customer's experience with the client's business.
- Service Design Working Sessions (฿29,700): Four facilitated sessions over six to eight weeks, focused on the design or redesign of a specific service offering, culminating in a written composite description of the service.
Service descriptions on the website are intended as a general guide. The specific scope of each engagement is agreed in writing before work begins. Hexenmark reserves the right to decline any enquiry at its discretion.
Our services are business strategy and facilitation in nature. They do not constitute legal advice, financial advice, accounting services, medical guidance, or any other regulated professional service.
Client Responsibilities
A productive engagement depends on the Client's timely participation and good faith. By engaging Hexenmark, you agree to:
- Provide accurate and complete information relevant to the agreed scope of work.
- Make relevant team members available for scheduled sessions and interviews.
- Respond to reasonable requests for information or review within agreed timeframes.
- Treat all Hexenmark personnel with professional courtesy.
- Not use Hexenmark's name, materials, or Deliverables in a way that misrepresents the consulting relationship.
- Not resell or represent Hexenmark's Deliverables as your own original work to third parties without written permission.
Hexenmark is not responsible for delays or reduced quality of Deliverables that result from the Client's failure to meet these responsibilities.
Intellectual Property
Website content: All content on this website — including text, structure, design, and methodology descriptions — is the property of Hexenmark and may not be reproduced without written consent.
Deliverables: Upon receipt of full payment for an engagement, the Client receives a non-exclusive licence to use the Deliverables produced for that engagement for their own internal business purposes. This licence does not transfer copyright ownership.
Underlying methods: Frameworks, facilitation approaches, and workshop methodologies developed by Hexenmark remain the intellectual property of Hexenmark, even when applied in the course of a paid engagement.
Client materials: Any data, documents, or materials you share with Hexenmark remain your property. We use them only for the purposes of the engagement.
Payment Terms
All prices are quoted and payable in Thai Baht (฿) unless otherwise agreed in writing. Current service prices are listed on the website and in any engagement proposal.
- Payment schedule: A deposit of 50% of the total engagement fee is due before work begins. The remaining balance is due within 14 days of delivery of the final Deliverable, unless a different arrangement is agreed in writing.
- Late payment: Hexenmark reserves the right to pause or suspend work if an invoice remains unpaid beyond 14 days of its due date.
- Cancellation by Client: If a Client cancels an engagement after work has begun, the deposit is non-refundable. Any additional work completed up to the point of cancellation will be invoiced at a pro-rata rate.
- Cancellation by Hexenmark: If Hexenmark is unable to fulfil an engagement, any deposit paid will be returned in full within 14 business days.
- Taxes: Prices do not include applicable Thai VAT or withholding tax. These will be applied where required by Thai law and noted on invoices.
Service Delivery Terms
Each service has a defined scope agreed in writing before the engagement begins. The following general terms apply to all engagements:
- Scope changes: Requests to expand the scope of work beyond the agreed brief will be assessed and, if accepted, quoted separately. Hexenmark is not obliged to absorb additional scope at no extra cost.
- Timeline: Indicative timelines are provided in good faith and reflect typical engagements. Actual timelines may vary depending on the Client's responsiveness and complexity of the work.
- Location: Sessions take place at a location agreed with the Client, typically the Client's premises in the Phuket region. Travel costs outside the Phuket metropolitan area will be discussed and agreed separately.
- Revisions: One round of revisions to Deliverables is included in the engagement fee. Additional revision rounds will be quoted separately.
- Language: All Deliverables are provided in English unless otherwise agreed.
Confidentiality
Hexenmark treats all business information shared by Clients as confidential. We do not share, sell, or disclose Client information to third parties except where required by law or where the Client has given explicit written consent.
This includes business data, financial information, customer data, strategic plans, and any other non-public information shared in the course of an engagement.
Hexenmark may reference the existence of a consulting relationship — for example, by listing a Client's industry sector in general experience statements — but will not identify Clients by name without written permission.
Confidentiality obligations on both sides survive the end of an engagement for a period of three years.
Disclaimers
Hexenmark provides facilitation, structured thinking support, and written documentation. Our work informs decision-making but does not replace the judgement of the Client's leadership team.
- Hexenmark does not make representations about commercial outcomes. Business results depend on many factors outside the scope of a consulting engagement.
- Website content is provided for general information and does not constitute professional advice of any regulated kind.
- Hexenmark's services are provided in good faith and with professional care, but are not warranted to be free from error. Where errors in a Deliverable are identified and raised within 30 days of delivery, Hexenmark will correct them at no additional cost.
Limitation of Liability
To the extent permitted by applicable Thai law, Hexenmark's total liability to any Client in connection with a specific engagement shall not exceed the total fees paid by the Client for that engagement.
Hexenmark shall not be liable for:
- Loss of profit, revenue, contracts, or business opportunities.
- Indirect, consequential, or special damages of any kind.
- Outcomes resulting from the Client's decisions based on Deliverables.
- Disruption to engagements caused by events beyond Hexenmark's reasonable control, including illness, natural events, or infrastructure failures.
Indemnification
You agree to indemnify and hold harmless Hexenmark and its personnel from any claims, costs, or liabilities arising from:
- Your use of Deliverables in ways not permitted under these terms.
- Inaccurate or misleading information you provided during an engagement.
- Your breach of any part of this Agreement.
- Third-party claims arising from decisions you made based on consulting outputs.
Termination
By the Client: You may withdraw from an engagement at any time by written notice. The deposit is non-refundable, and any work completed to the point of withdrawal is billable at the agreed engagement rate on a pro-rata basis.
By Hexenmark: We may suspend or end an engagement if: invoices are materially overdue; the working relationship has broken down to a point where productive progress is no longer possible; or the Client's intended use of the work would, in Hexenmark's assessment, cause harm to others.
Survival: Clauses relating to confidentiality, intellectual property, indemnification, and limitation of liability survive the termination of any engagement.
Dispute Resolution
These Terms & Conditions are governed by the laws of Thailand. Any disputes arising from or related to an engagement shall be subject to the jurisdiction of the courts of Phuket Province, Thailand.
Informal resolution: Before initiating any formal process, both parties agree to attempt to resolve disputes informally. The party raising the concern should notify the other in writing, and both parties agree to engage in good-faith discussion for a period of at least 30 days.
Mediation: If informal resolution is unsuccessful, both parties agree to consider mediation through a mutually acceptable mediator before pursuing litigation.
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief where necessary.
General Provisions
- Entire agreement: These terms, together with any written engagement proposal or letter, constitute the entire agreement between the parties regarding the services concerned.
- Severability: If any provision of these terms is found to be unenforceable, the remaining provisions continue in full force.
- Waiver: Failure to enforce any provision of these terms on one occasion does not constitute a waiver of the right to enforce it on another.
- Assignment: You may not assign your rights or obligations under these terms to a third party without Hexenmark's prior written consent. Hexenmark may assign rights in connection with a business transfer.
- Notices: Formal notices under this Agreement should be sent to [email protected] or to the postal address below.
Changes to These Terms
Hexenmark may update these Terms & Conditions from time to time. When we do, the revised version will be posted on this page with an updated date. We will not retroactively apply material changes to engagements that are already in progress under previously agreed terms.
Continued use of the website or commissioning of services after a change is posted constitutes acceptance of the updated terms.
Contact
For questions or concerns about these Terms & Conditions, please contact us:
- [email protected]
- 64 Phang Nga Road, Talat Yai, Phuket 83000, Thailand
- +66 76 213 4859