Terms & Conditions

1. Definitions

In these terms, the following words carry the following meanings:

• "the Studio", "we", "us", "our" — Marquen, of 218 Silom Road, Khwaeng Suriya Wong, Khet Bang Rak, Bangkok 10500.
• "the Client", "you", "your" — the organisation that commissions an engagement from the Studio.
• "Engagement" — a body of research work scoped and agreed in writing between the Studio and the Client.
• "Scoping Document" — the written description of an Engagement, signed by both parties before work begins, setting out objectives, method, timeline, deliverables, and fees.
• "Deliverables" — the written outputs of an Engagement, including reports, transcripts, chart packs, and quote banks.
• "Agreement" — these terms together with the Scoping Document.

2. Acceptance of these terms

An agreement between the Studio and the Client is formed when the Client signs a Scoping Document that incorporates these terms by reference, or otherwise confirms acceptance of these terms in writing. By signing or confirming, the Client confirms that the person doing so is aged 18 or over and has the authority to bind the organisation on whose behalf they are signing.

3. Service description

The Studio provides market research advisory services. These include, principally:

• Market Landscape Engagements — multi-week qualitative readings of a defined market.
• Customer Interview Programmes — focused programmes of in-depth interviews with synthesis.
• Survey Design & Analysis — quantitative survey design, fieldwork, and written analysis.

Services are described in fuller form on the Studio's website and in each Scoping Document. Services are available to organisations based in Thailand and the wider region; engagements outside this footprint are accepted at the Studio's discretion.

4. Engagement scope

Each Engagement is scoped in writing before work begins. The Scoping Document sets out the research objectives, the agreed method, the timeline, the Deliverables, and the agreed fee. The Studio will not begin substantive work until the Scoping Document has been signed by both parties.

If, during an Engagement, either party identifies a need to change the scope, the change will be discussed and recorded in a written variation. The variation may carry an adjustment to fee or timeline, agreed in writing before any additional work is undertaken.

5. Client responsibilities

To allow the Studio to do its work properly, the Client agrees to:

1. Provide a clear and honest brief, including any commercial sensitivities the Studio should be aware of.
2. Make available a named point of contact who can answer questions and approve fieldwork materials within a reasonable time.
3. Provide, where required, access to internal documents, distribution contacts, or customer lists necessary for the agreed method.
4. Use the Deliverables responsibly and in accordance with these terms.
5. Pay agreed fees on time.

The Client agrees not to use the Deliverables in a way that misrepresents the research, the method, or the views of any individual interview participant.

6. Intellectual property

6.1 Studio materials

The Studio retains ownership of its underlying research methods, templates, frameworks, and know-how. The Client is granted a perpetual, non-exclusive, non-transferable licence to use the Deliverables internally for any lawful business purpose.

6.2 Confidential treatment of fieldwork data

Interview transcripts and survey records remain subject to the terms under which they were collected. Identifying detail is, by default, redacted. The Studio retains the right to keep its own copy of the fieldwork data for the retention windows set out in the Privacy Policy.

6.3 Use of Studio name

Neither party will use the other's name, logo, or trademarks in promotional material without prior written consent. The Studio may, with the Client's permission, refer to the Engagement in general terms as a published case study.

7. Fees and payment

Fees for each Engagement are quoted in Thai Baht (THB / ฿) and set out in the Scoping Document. Reference fees published on the Studio's website are indicative starting points; the final fee for any given Engagement is the figure recorded in the Scoping Document.

Unless otherwise agreed in writing, the Studio invoices in two parts: 50% on signature of the Scoping Document and 50% on delivery of the final report. Invoices are payable within 14 days. Late payment may carry a charge at 1.5% per month, accruing from the due date.

Refunds are not offered for work already performed. Where an Engagement is cancelled by the Client before completion, the Client remains liable for fees in respect of work performed up to the date of cancellation, including reasonable wind-down costs.

8. Confidentiality

Each party agrees to hold the other's confidential information in confidence, to use it only for the purposes of the Agreement, and to disclose it only to those of its personnel and subcontractors who need to know and are bound by equivalent obligations. Confidentiality survives termination of the Agreement for a period of five years.

The obligation does not apply to information that is public knowledge other than through breach, was known to the receiving party before disclosure, is independently developed, or is required to be disclosed by law.

9. Disclaimers

The Studio takes care over its method and its writing, but research is, by nature, an exercise in considered judgement. The Deliverables are provided as a careful reading of the available evidence at the time of fieldwork. The Studio does not warrant that the Deliverables will produce any specific commercial outcome, nor that the conclusions will hold under future market conditions.

The Deliverables are not legal, financial, or regulatory advice. The Client is responsible for taking its own professional advice on matters of that kind.

10. Limitation of liability

To the fullest extent permitted by Thai law, the Studio's total aggregate liability under or in connection with an Engagement, whether in contract, tort (including negligence), or otherwise, is limited to the fees paid by the Client under that Engagement.

Neither party is liable for indirect, consequential, incidental, or special damages, or for loss of profit, revenue, business opportunity, or data, even if advised of the possibility of such loss.

Nothing in these terms limits liability that cannot lawfully be limited, including liability for fraud or for personal injury caused by negligence.

11. Indemnification

The Client agrees to indemnify the Studio against third-party claims, losses, costs, and reasonable legal expenses that arise from the Client's use of the Deliverables in breach of these terms, or from the Client's misrepresentation of the research or its conclusions to a third party.

12. Termination

Either party may terminate an Engagement on 30 days' written notice for convenience. Either party may terminate immediately on written notice if the other commits a material breach of these terms and fails to remedy it within 14 days of notice, or becomes insolvent.

On termination, the Client pays for work performed up to the date of termination, plus reasonable wind-down costs. Clauses concerning intellectual property, confidentiality, limitation of liability, indemnification, and disputes survive termination.

13. Dispute resolution

The parties agree, in the first instance, to attempt to resolve any dispute through good-faith discussion at senior level. Where the dispute cannot be resolved within 30 days, either party may refer the matter to mediation under the rules of the Thailand Arbitration Center, with mediation taking place in Bangkok.

Where mediation does not resolve the dispute within 60 days, either party may refer the matter to the courts of Thailand, which have exclusive jurisdiction. These terms are governed by the laws of the Kingdom of Thailand.

14. General provisions

The Agreement (these terms together with the Scoping Document) constitutes the entire agreement between the parties on its subject matter and supersedes any prior understandings.

If any clause is held to be invalid or unenforceable, the remaining clauses continue in full force. A waiver of any breach is not a waiver of any subsequent breach. Neither party may assign its rights or obligations under the Agreement without the other's prior written consent, save that the Studio may engage subcontractors as set out in the Privacy Policy.

Notices under these terms are given in writing, by email to the addresses recorded in the Scoping Document, and are deemed received on the next working day in Thailand.

15. Changes to these terms

The Studio reviews these terms from time to time. Changes apply to Engagements scoped after the new version takes effect; existing Engagements continue under the version in force when the Scoping Document was signed. The current version is dated above.

16. Contact

For any question about these terms, write to [email protected] or telephone +66 2 5746 8230. Postal correspondence may be addressed to Marquen, 218 Silom Road, Khwaeng Suriya Wong, Khet Bang Rak, Bangkok 10500, Thailand.