Terms & Conditions

1. Definitions

• "Services" means the work permit filing, employer compliance, and related advisory services described on this website and in any written scope of engagement issued by the Firm.
• "Engagement" means a specific service arrangement entered into between the Firm and the Client, confirmed by a written scope document.
• "Website" means the web pages accessible at the domain associated with this policy.
• "Client" means any individual or organisation that commissions services from the Firm.
• "Government Fees" means charges levied by the Department of Employment, Board of Investment, Immigration Bureau, or other Thai government authorities in connection with permit filings.

2. Acceptance of Terms

Use of this website or engagement of our services constitutes acceptance of these terms. If you are acting on behalf of a company or organisation, you represent that you have authority to bind that entity. Our services are available to individuals aged 18 and above and to duly registered legal entities.

3. Services

Mekong Counsel provides work permit application support, employer compliance advisory services, and related documentation assistance in Thailand. Services are carried out in Bangkok and cover filings at the Department of Employment, the Board of Investment one-stop service centres, and related government offices. The precise scope of any engagement is set out in a written scope document issued before work begins.

We do not provide legal representation in court proceedings, immigration detention matters, or criminal proceedings. Our services are advisory and administrative in nature.

4. Engagement Process

Each engagement begins with a written scope document that describes the work to be performed, the professional fee, the expected timeline, and any items that fall outside scope. Work commences only after the Client has confirmed acceptance of the scope. Changes to the scope during an engagement are agreed in writing before any additional work is undertaken.

5. Client Responsibilities

The Client agrees to:

• Provide accurate, complete, and up-to-date documents and information as requested.
• Notify the Firm promptly of any change in circumstances that may affect a permit application or an existing permit, including changes in employer, role, or immigration status.
• Respond to document requests within the timeframes indicated to avoid filing delays.
• Ensure that all documents provided are genuine. Submission of false or misleading information to government authorities is a criminal offence under Thai law and the Firm will not participate in or facilitate such conduct.
• Pay all fees within the agreed timeframes.

6. Fees and Payment

Professional fees are as stated in the written scope of engagement and are denominated in Thai Baht (฿). Government filing fees charged by Thai authorities are not included in our professional fees and are payable separately at the time of filing. The Firm will provide an estimate of applicable government fees at the outset of each engagement.

Payment terms are specified in the engagement scope. In the event of non-payment, the Firm reserves the right to suspend work and to charge interest on overdue amounts at the rate permitted by Thai law.

Refunds

Professional fees paid for preparatory work already completed are non-refundable. If an engagement is cancelled by the Client before work begins, any fees received will be refunded less any administrative costs incurred. Government fees paid to authorities are non-refundable by the Firm.

7. Service Delivery Terms

Timelines provided at the outset of an engagement are estimates based on current Department of Employment processing times and assume timely provision of documents by the Client. The Firm is not responsible for delays caused by government processing, case officer requests, changes in regulatory requirements, or the Client's delayed provision of documents.

The Firm will provide written updates at each defined stage of the engagement and will communicate any material development promptly.

8. Confidentiality

The Firm treats all client information as confidential and shares it only with government authorities as required for the filing process, or with professional advisers consulted in connection with a specific matter, subject to confidentiality obligations. Client information is handled in accordance with our Privacy Policy.

9. Intellectual Property

All content on this website, including text, design elements, and document templates produced by the Firm, is the property of Mekong Counsel. Content produced specifically for a Client engagement (such as compliance handbooks and document templates prepared under the Employer Compliance Programme) may be used by the Client for their internal purposes but may not be resold or distributed to third parties.

10. Disclaimers

Our services consist of professional preparation and administrative support. We do not and cannot guarantee the outcome of any government application. Permit decisions rest with the relevant Thai authority. We will prepare files to the best of our ability in accordance with current requirements, but we are not liable for decisions made by government officers.

Information on this website is provided for general guidance only and does not constitute legal advice. Specific legal advice should be sought from a qualified Thai lawyer for complex matters beyond the scope of our services.

11. Limitation of Liability

The Firm's total liability to any Client for any claim arising from an engagement is limited to the professional fees paid by that Client for the relevant engagement. The Firm is not liable for indirect, consequential, or incidental damages, including lost income, business interruption, or costs arising from permit delays caused by factors outside the Firm's control.

Force majeure events — including changes in Thai law or government policy, natural disasters, or civil disruption — that delay or prevent performance of the Firm's obligations will not constitute a breach of these terms.

12. Indemnification

The Client agrees to indemnify the Firm against any claims, losses, or costs arising from the Client's provision of false, incomplete, or misleading information in connection with a permit application, or from the Client's failure to comply with Thai law in relation to the employment of foreign nationals.

13. Termination

Either party may terminate an engagement with written notice. If the Client terminates an engagement in progress, fees for work already completed are payable. If the Firm terminates an engagement due to the Client's material breach (including provision of false information), all fees for completed work are payable and no further obligation to complete the engagement arises.

Clauses relating to confidentiality, limitation of liability, indemnification, and dispute resolution survive termination.

14. Governing Law and Dispute Resolution

These terms are governed by and construed in accordance with the laws of the Kingdom of Thailand. In the event of a dispute, the parties agree to attempt resolution through good-faith negotiation within 30 days of written notification. If negotiation does not resolve the dispute, either party may refer the matter to the Thai courts with jurisdiction in Bangkok.

15. General

• Entire agreement: The written scope of engagement and these terms constitute the entire agreement between the Firm and the Client for any engagement.
• Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it subsequently.
• Assignment: The Client may not assign obligations under an engagement without the Firm's prior written consent.
• Notices: Formal notices under these terms should be sent by email to [email protected] or in writing to the Firm's registered address.

16. Changes to These Terms

We may update these terms from time to time. Updated versions will be published on this page with a revised "Last Updated" date. Continued use of the website or services after an update constitutes acceptance of the revised terms. For active engagements, material changes to terms will be communicated by email.

17. Contact

Mekong Counsel
156 Sukhumvit Soi 49, Khlong Tan Nuea, Watthana, Bangkok 10110
Email: [email protected]
Telephone: +66 2 392 6741