Terms of Service
Phakarin Group
These Terms of Service outline the terms and conditions governing the use of services provided by Phakarin Group (“Phakarin,” “we,” “our,” or “us”). By accessing or using our services, you (“Client,” “you,” or “your”) agree to comply with these Terms. If you do not agree with any part of these Terms, you should refrain from using our services.
1. Acceptance of Terms
By accessing, requesting, or using services provided by Phakarin Group, you acknowledge that you have read, understood, and agreed to these Terms of Service.
These Terms establish the general conditions under which Phakarin provides its services. Additional terms, conditions, and project-specific requirements may be established in separate written agreements between Phakarin and its clients.
2. Description of Services
Phakarin Group provides engineering, procurement, system integration, technical consulting, and industrial supply solutions for a wide range of industrial applications.
Our services support industries including, but not limited to:
- Oil and gas
- Petrochemical and chemical processing
- Power generation and energy
- Water treatment
- Cement manufacturing
- Steel and other industrial sectors
Depending on the project and the agreed scope of work, our services may include engineering design, equipment sourcing, procurement coordination, system integration, installation, maintenance-related support, technical supervision, consulting, and other related professional services.
The specific scope, deliverables, responsibilities, and requirements of each engagement may be defined in a separate quotation, proposal, purchase order, or written service agreement.
3. User Accounts and Client Responsibilities
3.1 Account Registration and Information
Where registration or account access is required to use our services, you agree to provide accurate, current, and complete information and to update such information when necessary.
You are responsible for maintaining the confidentiality of your account credentials and for activities carried out through your account. You should notify Phakarin promptly if you become aware of any unauthorized access to your account.
3.2 Client Responsibilities
Clients are responsible for providing accurate project specifications, technical documentation, operational information, and other materials reasonably necessary for Phakarin to perform the agreed services.
Where applicable, clients must also provide timely access to relevant facilities, equipment, personnel, and project information required for the performance of the agreed scope of work.
The accuracy and completeness of the information supplied by the client are important to the proper evaluation, planning, and execution of industrial projects.
4. Intellectual Property Rights
4.1 Phakarin Intellectual Property
Unless otherwise agreed in writing, all intellectual property owned or provided by Phakarin Group remains the property of Phakarin or its respective rights holders.
This may include engineering designs, technical documentation, drawings, reports, software, proprietary technologies, materials, and other intellectual property supplied or developed by Phakarin.
No right to reproduce, distribute, modify, publish, or otherwise use such materials beyond the expressly agreed purpose is granted unless authorized under a separate written agreement.
4.2 Client Materials and Intellectual Property
Any intellectual property, documents, specifications, designs, data, or other materials provided by the client remain the property of the client or their respective rights holders.
The client grants Phakarin a limited right to use such materials solely to the extent necessary to perform the agreed services.
Phakarin will not acquire ownership of client-provided materials merely by receiving or using them for the purposes of an engagement.
5. Limitation of Liability
5.1 Service Performance
Phakarin Group aims to provide professional services in accordance with the applicable scope of work, agreed requirements, and relevant industry practices.
However, unless expressly guaranteed in a separate written agreement, Phakarin does not guarantee specific commercial, operational, financial, or project outcomes. Results may depend on factors beyond the agreed services, including project conditions, equipment specifications, operational decisions, and other relevant circumstances.
Services are provided subject to the applicable terms of the relevant engagement and any express warranties or commitments made in writing.
5.2 Limitation of Damages
To the maximum extent permitted by applicable law, Phakarin Group shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of its services.
Such damages may include loss of profits, revenue, data, business opportunities, use, goodwill, or other intangible losses, whether the claim is based on contract, tort, or another legal theory.
Nothing in these Terms excludes or limits liability to the extent that such exclusion or limitation is prohibited by applicable law.
6. Warranties and Disclaimers
6.1 Service Standard
Phakarin Group undertakes to perform its services in a professional and workmanlike manner consistent with generally accepted industry standards applicable to the agreed scope of work.
Any additional warranties, performance commitments, or product-specific guarantees must be expressly stated in the relevant written agreement or applicable manufacturer documentation.
6.2 Disclaimer of Other Warranties
Except for warranties expressly provided in writing and to the extent permitted by applicable law, services are provided without additional express or implied warranties.
This includes implied warranties of merchantability, fitness for a particular purpose, and non-infringement, where such disclaimers are legally permitted.
Nothing in this section affects any warranty or legal right that cannot lawfully be excluded or restricted.
7. Confidentiality
Phakarin Group and its clients recognize the importance of protecting confidential business and technical information disclosed during their commercial relationship.
Both parties agree to take reasonable measures to maintain the confidentiality of non-public information received from the other party, including, where applicable:
- Technical specifications and engineering documentation
- Business strategies and commercial plans
- Customer and supplier information
- Pricing, quotations, and contractual details
- Proprietary technologies and project documentation
- Other confidential business information
Confidential information should be used only for the purposes for which it was disclosed and in connection with the relevant business relationship, unless otherwise authorized in writing or required by applicable law.
8. Term and Termination
8.1 Term
These Terms of Service remain effective while you use the applicable services, unless they are amended or terminated in accordance with these Terms or a separate written agreement.
8.2 Termination and Suspension
Specific service engagements may be terminated in accordance with the terms and conditions set out in the applicable written agreement.
Phakarin Group reserves the right to suspend or terminate access to its services where a client materially breaches these Terms, subject to applicable law and any relevant contractual obligations.
Termination of a particular engagement does not automatically affect any separate agreement between the parties unless the applicable terms provide otherwise.
9. Governing Law and Jurisdiction
These Terms of Service shall be governed by and interpreted in accordance with the laws of [Applicable Jurisdiction], without regard to its conflict-of-law principles.
Any disputes arising out of or in connection with these Terms shall be handled in accordance with the applicable laws and any jurisdiction provisions established in the relevant written agreement.
The applicable governing law and jurisdiction should be expressly confirmed by Phakarin Group before these Terms are published or relied upon.
10. Changes to These Terms
Phakarin Group reserves the right to amend or update these Terms of Service when necessary.
Where appropriate, significant changes may be communicated through our website or by direct communication with affected clients.
Updated Terms will take effect from the date specified in the revised version, subject to applicable law and any contractual obligations governing existing engagements.
Your continued use of the relevant services after updated Terms become effective constitutes acceptance of those changes to the extent permitted by applicable law.
11. Force Majeure
Neither party shall be liable for a failure or delay in performing its obligations to the extent that such failure or delay results from circumstances beyond its reasonable control.
Such circumstances may include natural disasters, acts of God, pandemics, war, terrorism, riots, embargoes, governmental actions, and other comparable events beyond the affected party’s reasonable control.
The affected party should notify the other party within a reasonable time, where practicable, and take reasonable steps to mitigate the effects of the event.
Any additional procedures or consequences relating to force majeure may be specified in the applicable project or service agreement.
12. Severability
If any provision of these Terms of Service is determined to be invalid, unlawful, or unenforceable under applicable law, that provision shall be limited or modified to the minimum extent necessary to make it enforceable, where legally permissible.
If such modification is not possible, the affected provision shall be severed to the extent necessary without affecting the validity and enforceability of the remaining provisions.
13. Entire Agreement
These Terms of Service constitute the agreement between Phakarin Group and the user regarding the subject matter covered by these Terms and supersede prior communications or understandings relating to that subject matter, except where otherwise established in an applicable written agreement.
Project-specific quotations, purchase orders, proposals, and service agreements may set out additional terms applicable to individual engagements.
14. Contact Information
For questions or inquiries regarding these Terms of Service or the services provided by Phakarin Group, please contact us through our official website.
Website: https://phakarin.com/contact/
Last Updated: 5 May 2025