Terms of Service
Last updated: March 11, 2026
CRITICAL NOTICE: Agency Appointment Agreement
By using Kargo, you must complete and digitally sign our Agency Appointment Agreement. This legally establishes Thai Nexus Point as your Agent under Thai law. Without this agreement, the Thai Revenue Department may reclassify you as the carrier and impose full tax liability on all transaction values. This agreement is non-negotiable for all users.
1. Acceptance of Terms
These Terms of Service ("Terms") are binding legal agreements between you ("User," "Principal," "Shipper," or "Trucker") and Thai Nexus Point Co., Ltd. ("Kargo," "Agent," Tax ID: 0775567004498), based in Hua Hin, Thailand. By accessing or using Kargo, you agree to be bound by these Terms. If you do not agree, you may not use the platform.
2. Agent-Principal Relationship
2.1 Appointment as Agent
You appoint Thai Nexus Point Co., Ltd. as your exclusive Agent to:
- Issue consolidated tax invoices and receipts on your behalf
- Collect payments from shippers or partner truckers
- Calculate and remit VAT (7%) on your service fees
- Withhold income tax (1% for transport, 3% for company commissions)
- Generate tax documents (invoices, WHT certificates) for your records
- Maintain audit-trail records and compliance documentation
2.2 Your Responsibilities as Principal
- Retain full liability for the accuracy of shipment details and descriptions
- Provide accurate tax ID (13-digit Thai Tax ID) and entity classification (Individual or Company)
- Declare your VAT status truthfully (VAT-registered or exempt)
- Maintain complete control over your service pricing and terms with customers
- File your own income tax returns (personal or corporate) using documents Kargo provides
- Pay any additional taxes owed at year-end if your actual income exceeds Kargo's calculations
3. Service Description and Fees
3.1 Shipper Services
- Access to network of verified truckers and consolidation hubs
- Real-time shipment tracking and updates
- Consolidated tax invoices showing shipping costs and fees
- Dispute resolution support (non-binding mediation)
3.2 Trucker Services
- Access to shipper network and load-matching
- Automated invoicing and VAT/WHT calculations
- Monthly withholding tax certificates (50 Bis form)
- Tax compliance reports and accountant bundle exports
3.3 Kargo Commission (Dual-Sided 7%)
Kargo charges 7% of the shipping cost, with a minimum of 20 THB on both sides:
- Shipper side: 7% of shipping cost added to invoice (e.g., 10,000 THB shipping = 700 THB fee)
- Trucker side: 7% of shipping cost deducted from payout (same rate as shipper)
- Minimum per transaction: 20 THB minimum fee applies to both sides
- VAT treatment: Both fees are VAT-inclusive (gross includes 7% VAT)
All shipping costs are passed through to the trucker without markup. Kargo's only revenue is the dual 7% commission.
3.4 Payment Processing (Stripe)
Kargo uses Stripe for payment processing. Stripe charges 6% of the total transaction value (shipping + Kargo fee). This fee is deductible as a Cost of Revenue and does not affect your net payout. Kargo does not profit from payment processing fees.
4. Tax Compliance and Financial Obligations
4.1 VAT Calculation
- Kargo's service fee is 700 THB inclusive of 7% VAT
- Net service fee: 654.21 THB | Output VAT: 45.79 THB
- If you are a VAT-registered trucker, shipping costs are treated as inclusive VAT
- If you are not VAT-registered, shipping is marked as VAT Exempt per Section 81(1)(n) of the Thai Revenue Code
4.2 Withholding Tax (WHT)
- All trucker payout amounts are subject to 1% WHT (transport services under Thai tax law)
- WHT is calculated on the net payout after deducting Kargo's 7% commission
- Kargo issues a 50 Bis certificate monthly for each trucker documenting WHT deducted
- If you are a company (P.N.D. 53) and receive commission from Kargo, you may owe 3% WHT separately
- You may provide a paper WHT certificate to reduce withholding ("Short-Pay" option)
- If unable to provide certificate, WHT is held in escrow until verified by the Revenue Department
4.3 Annual Tax Filing
You are responsible for filing your own annual tax returns (Taxable Income Assessment Form). Kargo provides:
- Monthly transaction summaries and audit logs
- Detailed VAT and WHT records
- Tax-ready export files (GL journal, invoices, WHT certificates)
4.4 Kargo's Limitation of Liability
While Kargo makes reasonable efforts to calculate VAT and WHT accurately, Kargo is not a tax advisor. You remain solely responsible for the accuracy and completeness of your tax filings. If the Revenue Department disputes Kargo's calculations, you must provide supporting documentation. Kargo is not liable for any additional taxes, penalties, or fines imposed by the Revenue Department.
5. Prohibited Activities
You agree not to:
- Provide false or misleading tax ID, entity type, or VAT status information
- Attempt to evade taxes or misrepresent transaction values
- Use Kargo to facilitate illegal goods or services
- Manipulate disputes, reviews, or ratings to gain unfair advantage
- Access Kargo systems without authorization or attempt to breach security
- Share your account credentials or allow unauthorized users access
- Harass, threaten, or engage in fraudulent activity with other users
- Reverse-engineer, decompile, or attempt to copy Kargo's technology
6. Liability Limitations
6.1 Service Availability
Kargo provides the platform "as-is" without guarantees of uninterrupted availability. While we aim for 99.9% uptime, we are not liable for any losses due to platform downtime, data loss, or delays in shipment processing.
6.2 Shipper Protections
Kargo does not guarantee that truckers will complete shipments on time or in the condition promised. Disputes over delivery quality, damage, or delays must be resolved directly between shipper and trucker. Kargo acts as a mediator only and does not guarantee resolution. Kargo retains the right to hold payment in escrow pending dispute resolution.
6.3 Trucker Protections
Kargo does not guarantee shipper payment or the accuracy of shipment descriptions. If a shipper disputes an invoice, Kargo may hold your payment in escrow. You bear the risk of shipper non-payment if a dispute is ruled against you.
6.4 Third-Party Services
Kargo is not liable for any service failures, data breaches, or losses caused by third-party providers (Stripe, banks, or mapping services). You use these services at your own risk.
6.5 Total Liability Cap
Kargo's total liability to you is capped at the total commission fees you paid in the 12 months preceding the claim.Kargo is not liable for indirect, incidental, consequential, or punitive damages.
7. Dispute Resolution and Mediation
7.1 Shipper-Trucker Disputes
Any disputes between shippers and truckers (payment, delivery, damage) will be subject to non-binding mediation by Kargo. If mediation fails, either party may escalate to Thai civil courts under Thai law. Kargo's decision is advisory only and not binding.
7.2 Kargo-User Disputes
Any disputes between you and Kargo (billing, account suspension, service quality) shall be resolved as follows:
- Good faith negotiation within 30 days
- Mediation through Thai Arbitration Institute (optional)
- Thai civil court jurisdiction (Bangkok or Hua Hin courts) if mediation fails
7.3 Governing Law
These Terms are governed by and construed in accordance with Thai law. Both parties agree to submit to the exclusive jurisdiction of Thai courts for any legal proceedings.
8. Account Management and Termination
8.1 Account Suspension
Kargo reserves the right to suspend or terminate your account if you:
- Violate these Terms or Thai law
- Engage in fraudulent activity or tax evasion
- Fail to complete onboarding (tax ID verification, agency agreement)
- Have multiple unresolved disputes with other users
- Breach data security or access controls
8.2 Fund Recovery on Termination
Upon account termination:
- All pending transactions are settled and funds transferred within 5 business days
- Escrow funds held in disputes are released only upon final mediation/court decision
- Tax records and agency agreements remain permanently archived for audit compliance
8.3 Account Closure on User Request
You may request account closure at any time. Kargo will process closure within 30 days after all outstanding transactions and disputes are resolved. Kargo retains tax records for 5 years per Thai tax law.
9. Indemnification
You agree to indemnify, defend, and hold harmless Kargo, its officers, employees, and agents from any claims, damages, liabilities, or expenses (including legal fees) arising from:
- Your violation of these Terms or Thai law
- Your use of Kargo in violation of applicable law
- Any disputes with other users regarding shipments or payments
- Your failure to accurately report taxes or declare income
- Any third-party claims related to your use of the platform
10. Changes to Terms
Kargo may update these Terms at any time. We will notify users of material changes via email or platform notification. Your continued use of Kargo after such changes constitutes acceptance of the revised Terms. If you do not agree with changes, you may request account closure before the effective date.
11. Contact and Support
Thai Nexus Point Co., Ltd. (Kargo)
Hua Hin, Thailand | Tax ID: 0775567004498
Email: hello@mykargo.app
Support hours: Monday–Friday, 09:00–17:00 (Thailand time)
Response time: Within 48 hours for urgent matters, 5 days for standard inquiries
12. Acknowledgment
By clicking "Accept" during onboarding or by continuing to use Kargo, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, the Agency Appointment Agreement, and the Privacy Policy. These documents are binding legal contracts under Thai law.
Last updated: March 11, 2026 | Version: 1.0
These Terms of Service are governed by Thai law and are enforceable in Thai courts.