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Terms & Conditions

Last Updated: 12 May 2025  ·  Effective: 12 May 2025

1. Definitions

In these Terms and Conditions:

2. Acceptance of Terms

By using this website or engaging Brackenfold for consulting services, you agree to be bound by these Terms and Conditions. If you do not agree, you should not use this website or proceed with an engagement.

You confirm that you are 18 years of age or older and have the legal capacity to enter into a binding agreement.

3. Service Description

Brackenfold provides business consulting services to management teams and organisations. Services are offered as described on our website and in written scope documents agreed with each client. Services are currently available to clients based in or operating from Thailand.

Services are delivered in English. Alternative language arrangements may be possible by prior agreement.

4. Engagement Process

No consulting engagement commences until a written scope document has been agreed by both parties. This document sets out the scope, deliverables, timeline, and fee. Verbal or email enquiries do not constitute a contractual commitment on either side.

5. User Responsibilities

When using this website, you agree not to:

6. Intellectual Property

All website content (text, design, structure, images) is the property of Brackenfold and may not be reproduced or distributed without prior written permission.

Deliverables produced during a consulting engagement — including workshop summaries, reference documents, and onboarding handbooks — become the property of the Client upon full payment of the agreed fee. Brackenfold retains no rights to use, reproduce, or reference client-specific deliverables in other work.

7. Payment Terms

Fees for consulting services are stated in Thai baht (฿) in the written scope document. Payment terms (including deposit requirements and final payment timing) are set out in the scope document for each engagement.

Invoices are payable within 14 days of issue unless otherwise agreed in writing. Late payment may result in suspension of work until the outstanding amount is settled.

Cancellation

If a client cancels a confirmed engagement more than 5 business days before the scheduled session or start date, any deposit paid will be refunded in full. Cancellations with less than 5 business days' notice are non-refundable. These terms may be varied in the written scope document for specific engagements.

8. Service-Specific Terms

Workshop facilitation

The consultant facilitates; the client's team makes the decisions. Brackenfold does not prescribe outcomes and cannot be held responsible for the decisions reached during or following a facilitated session.

Onboarding programme design

The onboarding handbook is designed based on information provided by the client, including interviews and review of existing materials. Its accuracy depends on the completeness and accuracy of that information. The client is responsible for reviewing and approving the final deliverable before implementing it.

Decision framework workshops

The framework produced reflects the decisions and agreements reached by the client's team during the workshop. It is not a substitute for legal, HR, or operational governance advice.

9. Disclaimers

Consulting services are provided in good faith based on the information available and Brackenfold's professional judgement. We do not make representations or provide warranties as to specific business outcomes arising from any engagement.

This website is provided "as is" without warranties of any kind. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.

10. Limitation of Liability

To the extent permitted by applicable Thai law, Brackenfold's liability for any claim arising from a consulting engagement is limited to the fee paid for the relevant engagement. Brackenfold is not liable for indirect, consequential, or incidental loss or damage.

11. Indemnification

You agree to indemnify Brackenfold against any claims, losses, or expenses (including reasonable legal costs) arising from your breach of these Terms, your use of the website, or your misuse of any deliverable produced during an engagement.

12. Confidentiality

Both parties agree to treat information shared during an engagement as confidential. Brackenfold will not disclose client-specific information to third parties without the client's consent, except where required by law. Clients are similarly expected not to disclose Brackenfold's proprietary processes or unpublished methods.

13. Termination

Either party may terminate an engagement by written notice if the other party materially breaches these Terms and fails to remedy the breach within 10 business days of written notice. On termination, the client is responsible for fees covering work completed up to the termination date.

14. Governing Law and Disputes

These Terms are governed by the laws of the Kingdom of Thailand. Any dispute arising from these Terms or from a consulting engagement will first be subject to good-faith negotiation between the parties. If resolution is not reached within 30 days, the dispute will be referred to the jurisdiction of the courts of Chiang Mai, Thailand.

15. General Provisions

These Terms, together with any written scope document, constitute the entire agreement between Brackenfold and the client for the relevant engagement. If any provision is found to be unenforceable, the remainder continues in full force. Failure to enforce any provision does not constitute a waiver of that right.

16. Changes to These Terms

We may update these Terms periodically. The "Last Updated" date above will reflect changes. Continued use of the website or engagement with our services after an update constitutes acceptance of the revised terms.

17. Contact

For questions about these Terms, contact us at:

Email: [email protected]
Address: 89 Nimmanahaeminda Road, Suthep, Chiang Mai 50200, Thailand