Terms of Service

These Terms of Service ("Terms") govern your relationship with Modal Creative Studio Co., Ltd. and its use of our services. By engaging Modal Creative Studio or using our website, you agree to be bound by these Terms. Please read them carefully.

1. About Us

Modal Creative Studio Co., Ltd. ("Modal," "we," "us," or "our") is a creative agency incorporated in Bangkok, Thailand. We provide content creation, digital marketing, podcast production, brand storytelling, and related creative services ("Services") to clients worldwide.

2. Engagement & Scope of Work

All Services are subject to a mutually agreed Statement of Work ("SOW"), project brief, or written proposal ("Agreement"). The specific deliverables, timelines, and fees applicable to your project will be set out in that Agreement. These Terms are incorporated by reference into every such Agreement.

3. Client Obligations

You agree to: (a) provide accurate, complete, and timely information, materials, and feedback required for us to deliver the Services; (b) obtain all necessary rights, licences, and permissions for any materials you provide to us; (c) designate a single point of contact with authority to approve deliverables; and (d) comply with all applicable laws in connection with your use of our Services and deliverables.

4. Fees & Payment

Fees are as stated in the applicable Agreement. Unless otherwise agreed: (a) invoices are due within 14 calendar days of issue; (b) work will not commence until an agreed deposit has been received; (c) late payments accrue interest at 1.5% per month; and (d) Modal reserves the right to suspend Services for overdue accounts. All fees are exclusive of applicable taxes, including Thai VAT where required.

5. Revisions & Change Requests

The number of included revision rounds is specified in each Agreement. Requests that materially change the approved scope, timeline, or deliverables constitute a "Change Request" and will be quoted separately. Verbal approvals for changes are not binding; all Change Requests must be confirmed in writing.

6. Intellectual Property

Client Materials: You retain all ownership of materials you provide to Modal. You grant Modal a limited, non-exclusive licence to use your materials solely to perform the Services.

Deliverables: Upon receipt of full payment, Modal assigns to you all intellectual property rights in the final agreed deliverables, except as stated below.

Modal IP: Modal retains all rights in its pre-existing tools, methodologies, templates, generic components, and know-how. Third-party assets (stock photography, fonts, plugins, open-source code) are subject to their own licences, which we will disclose to you.

Portfolio Rights: Unless you request otherwise in writing, Modal may display completed work in its portfolio and marketing materials.

7. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with the Services ("Confidential Information") and not to disclose it to third parties without prior written consent. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Warranties & Representations

Modal warrants that: (a) Services will be performed with reasonable skill and care; and (b) deliverables will not, to our knowledge, infringe the intellectual property rights of any third party. You warrant that: (a) materials you provide do not infringe any third-party rights; and (b) you have authority to enter into these Terms.

9. Limitation of Liability

To the maximum extent permitted by Thai law, Modal's total liability for any claim arising out of or in connection with these Terms or the Services shall not exceed the total fees paid by you in the three months preceding the claim. Modal is not liable for indirect, consequential, special, or punitive damages, loss of profits, loss of data, or loss of business opportunity.

10. Indemnification

You agree to indemnify, defend, and hold harmless Modal and its officers, employees, and contractors from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your violation of any applicable law; or (c) any third-party claims relating to materials you provided to Modal.

11. Termination

Either party may terminate an Agreement for material breach upon 14 days' written notice if the breach is not remedied within that period. Upon termination, you will pay for all Services rendered to the termination date. Modal may retain work product until payment is received in full.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Kingdom of Thailand. Any dispute arising from or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Bangkok, Thailand. The parties agree to attempt good-faith negotiation before initiating formal proceedings.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified via email or posted on our website at least 14 days before taking effect. Continued use of our Services after the effective date constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms, please contact us at:

Modal Creative Studio Co., Ltd.

Bangkok, Thailand

Email: hello@modalstudio.co