Service legal standards — Colocation – Data center
PART I - PURPOSE AND SCOPE
1.1. This Documentation sets forth legal standards, terms of provision, and terms of use for the Colocation service group (data center equipment colocation) (hereinafter referred to as the “Service”) provided by Pho Tue SoftWare Solutions JSC (HiTechCloud brand, hereinafter referred to as “HiTechCloud”) to organizations and individuals registering to use the service (hereinafter referred to as the “Customer”).
1.2. The scope of application includes Colocation services: leasing rack space, power, cooling, network connectivity, and physical security at data centers for Customers to place server and network equipment owned by the Customer. All equipment placed at the data center remains under the ownership, warranty, and maintenance responsibility of the Customer.
1.3. This Documentation is an integral part of the Service Agreement between HiTechCloud and the Customer, along with the policy system published at https://hitechcloud.vn/tai-lieu-ho-tro/. In the event of a conflict, the terms of any separate written agreement between the two Parties shall take precedence, followed by this Documentation, and finally the general published policies.
Part II – Definitions
2.1. “Colocation”: a service providing equipment placement space (by U unit, dedicated rack, or dedicated area), power, cooling, network connectivity, and physical security at the data center.
2.2. “Registered power capacity”: the maximum electrical power level (kW or A) registered by the Customer for its equipment, serving as the basis for power provisioning and charging.
2.3. “Entry/exit procedure”: the process of registration and authentication of human resources and equipment when entering or removing equipment from the data center.
2.4. “Right of equipment retention”: the right of HiTechCloud to retain the Customer's equipment at the data center to secure payment obligations under the regulations in this documentation.
2.5. “Equipment Handover minutes”: a document recording the Category, serial numbers, and condition of equipment when brought into or removed from the Data center, Confirmed by both Parties.
Part III – Service description and configuration
3.1. HiTechCloud provides equipment colocation space under the Contract (number of U, Racks, registered power capacity, network Ports, and Bandwidth), ensuring standard Data center operating conditions regarding Backup power (UPS, generators), Cooling, Fire protection, and multi-layer Physical security (access control, Monitoring cameras, and access Logs).
3.2. The Customer's Human resources may only enter the Data center after registering at least 24 (twenty-four) hours in advance via official channels, accompanied by a list of Human resources, identity documents, and scope of work; emergency cases are handled according to the Data center's priority procedure. Bringing equipment in or removing equipment requires an equipment Handover record confirmed by both Parties.
3.3. The Customer's equipment must operate within the registered electrical capacity. If consumption exceeds the registered capacity, HiTechCloud reserves the right to charge overage fees according to published price lists or require the Customer to upgrade the registration level; if capacity overruns pose safety risks, HiTechCloud reserves the right to curtail power supply for the excess portion after notification.
Part IV – SLA and compensation
4.1. HiTechCloud commits to a minimum power supply availability to equipment of 99.99% (ninety-nine point ninety-nine percent) and a minimum backbone network connectivity availability of 99.9% per month; temperature and humidity in the equipment placement area are maintained within standard data center operating thresholds.
4.2. The SLA does not apply to interruptions caused by the Customer's own equipment (equipment power failure, Hardware failure, or misconfiguration), actions by the Customer's Human resources, or the Customer connecting equipment in excess of registered power capacity.
4.3. The sole form of compensation when HiTechCloud commits an SLA commitment Violation is a fee credit in the subsequent Billing cycle according to the credit rate table published at https://hitechcloud.vn/tai-lieu-ho-tro/. The Customer must submit a credit request within 30 (thirty) days from the time the Incident occurred accompanied by supporting data; SLA does not apply to Maintenance time notified at least 48 (forty-eight) hours in advance, Force majeure events, errors arising from the Customer's systems, applications, configurations, or actions, or errors from third-party Providers beyond the reasonable control of HiTechCloud.
4.4. The total Indemnity of HiTechCloud arising out of or related to the Service shall under no circumstances exceed the total Service fee actually paid by the Customer for the most recent Billing cycle. HiTechCloud is not liable for indirect damages, consequential damages, lost profits, lost business opportunities, business interruption, data loss caused by Customer fault, or damage to commercial reputation, even if advised in advance of the possibility of such damages.
PART V - FEES AND PAYMENT
5.1. The Customer shall pay 100% (one hundred percent) of the service fee for each cycle in advance within 03 (three) working days from the date HiTechCloud releases a fee notification, payment request, or invoice. The Service is only initialized or renewed after HiTechCloud receives full payment; paid fees are non-refundable except as expressly provided in this documentation or in the refund policy published at https://hitechcloud.vn/tai-lieu-ho-tro/.
5.2. Late payments incur late interest of 0.05%/day (zero point zero five percent per day) calculated on the overdue amount and the actual number of overdue days. HiTechCloud reserves the right to execute Service suspension after 07 (seven) days from the due date if payment is not received and Service termination after 15 (fifteen) days; all risks and damages arising from service suspension or termination due to late payment are the Customer's responsibility.
5.3. Colocation fees include space fees (U/rack), registered power capacity fees, Bandwidth/connection Port fees, and on-site remote hands Service fees according to the published price list. Power capacity Overage fees and after-hours access fees (if any) are calculated according to the price list published at https://hitechcloud.vn/tai-lieu-ho-tro/.
5.4. Service fees are calculated based on the registered cycle (monthly, quarterly, or annual) according to the configuration and price schedule published at the time of subscription or Renewal. Mid-cycle configuration Upgrades are charged the difference prorated over the remaining time; Downgrades apply only from the subsequent cycle and do not incur any Obligation to refund the difference.
5.5. Service fees do not include value-added tax and other taxes, fees, and charges under legal regulations (if any). HiTechCloud releases valid e-invoices for each billing cycle; pricing schedules may be adjusted for subsequent cycles with at least 30 (thirty) days' prior notification and will not apply retroactively to already paid cycles.
PART VI – RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. HiTechCloud has the obligation to: ensure data center operating conditions as committed; control physical security and maintain entry/exit logs; support simple on-site operations upon request (rebooting, plugging/unplugging cables) according to the fee schedule; notify power and cooling infrastructure maintenance at least 48 (forty-eight) hours in advance.
6.2. HiTechCloud reserves the right to: (i) require the Customer to provide accurate and complete identification information upon registration and upon request by a competent State authority; (ii) suspend part or all of the Services upon detecting signs of a Law Violation or Violation of this Documentation; (iii) perform infrastructure Maintenance and Upgrade with at least 48 (forty-eight) hours of prior notice, except in Critical cases to prevent an Information security Incident; (iv) modify the infrastructure architecture provided that it does not reduce the committed service quality.
6.3. The Customer has the Obligation to: independently warrant, provide Maintenance for, and purchase insurance (if needed) for its equipment; comply with Data center regulations and entry/exit procedures; ensure equipment is electrically safe and contains no hazardous materials; assume responsibility for Software, data, and all activities arising from its equipment; and complete full Payment prior to withdrawing equipment.
6.4. The Customer has the right to: (i) use the Service according to registered and published configurations and specifications; (ii) request technical support through HiTechCloud's official channels; (iii) request fee credits when HiTechCloud is in Violation of the SLA pursuant to Part IV; and (iv) receive notifications regarding Maintenance, policy changes, and price schedule adjustments within the timelines specified in this document.
Part VII – Acceptable use and prohibited conduct
7.1. The Customer must not use the Service to store, transmit, or disseminate information in Violation of Vietnamese law, including, but not limited to: content infringing on national security or opposing the State; pornographic, depraved, gambling, or superstitious content; fraudulent information or impersonation of Organizations or individuals; content infringing upon Intellectual property rights, Trade secrets, or personal data of a Third party; and malware, vulnerability exploit code, or cyberattack tools under the Regulations of the Cybersecurity Law (Luật An ninh mạng) 2018, the Law on Cyberinformation Security (Luật An toàn thông tin mạng) 2015, and Decree 53/2022/ND-CP (Nghị định 53/2022/NĐ-CP).
7.2. It is strictly prohibited to use equipment located at the Data center for Cyberattacks, Spam distribution, or storing content in Violation of Vietnamese law; it is strictly prohibited to connect to power or network infrastructure outside the Provisioned location without authorization, or interfere with equipment belonging to other Customers or shared Data center infrastructure.
7.3. Filming and photography in technical areas without permission are strictly prohibited; bringing unregistered individuals into equipment areas is strictly prohibited. Human resources committing a Violation of internal rules may be denied entry to the Data center on Next visits.
7.4. Upon detecting prohibited acts, HiTechCloud reserves the right to immediately suspend the relevant Service without prior notice, preserve evidence, notify, and coordinate with competent state authorities in accordance with legal regulations. The Customer assumes full legal liability and shall indemnify all damages caused to HiTechCloud or third parties arising from violations committed by itself or by end users under the Customer's management.
Part VIII – Security and personal data
8.1. Both Parties commit to Compliance with the Law on Personal Data Protection No. 91/2025/QH15 (Luật Bảo vệ dữ liệu cá nhân số 91/2025/QH15) and Decree No. 356/2025/NĐ-CP detailing a number of Articles of the Law on Personal Data Protection (Nghị định số 356/2025/NĐ-CP quy định chi tiết một số điều của Luật Bảo vệ dữ liệu cá nhân). For Personal data that the Customer collects, stores, and processes on the Service infrastructure, the Customer is the Personal Data controller and is responsible for the legal basis of processing and the Consent of the Data subject; HiTechCloud is the Personal Data processor, processing only to the extent necessary to provide the Service per lawful instructions of the Customer.
8.2. HiTechCloud does not access data within the Customer's equipment. Entry/exit Logs and camera footage of the equipment placement area are Stored for security purposes and are only provided to relevant Customers or competent State authorities in accordance with Regulations.
8.3. Each Party has the obligation to maintain the confidentiality of contract information, configuration information, technical information, data, and trade secrets of the other Party obtained during the provision and use of the Service; and not disclose them to third parties without prior written consent, except when provided pursuant to a lawful request from a competent state authority. The confidentiality obligation remains valid for 02 (two) years after Service termination.
PART IX – SUSPENSION AND TERMINATION
9.1. HiTechCloud reserves the right to suspend part or all of the Service in the following cases: (i) Customer is overdue on Payment by more than 07 (seven) days from the due date; (ii) Customer commits a Violation of the acceptable use Regulation in Part VII; (iii) at the request of a competent State authority; (iv) when there is a Critical need to prevent Information security risks to the shared system or to other customers. Suspension time due to Customer Error is not counted toward the SLA and does not give rise to a refund Obligation.
9.2. The Service terminates when: (i) the Customer delays Payment by more than 15 (fifteen) days from the due date; (ii) a Party commits a serious Violation and fails to remedy it within 15 (fifteen) days from the date of receiving written Notification from the other Party; (iii) the term of use expires and the Customer does not perform a Renewal; (iv) both Parties reach a written Agreement on termination; or (v) under a decision of a competent State authority.
9.3. Within 07 (seven) days from the Service termination date, the Customer has the right to request the export of its data in standard formats supported by the system; data export support costs (if any) shall follow the published fee schedule. After the aforementioned period, all Customer data will be permanently deleted from the system, cannot be Restored, and HiTechCloud shall have no further retention Obligation unless otherwise provided by law.
9.4. In the event that the Customer is overdue on fees for more than 30 (thirty) days from the due date, HiTechCloud has the right to retain the Customer's equipment at the Data center to secure the Payment Obligation; the Customer may only withdraw the equipment after fully completing all financial Obligations, including fees incurred during the retention period. After 90 (ninety) days from the retention Notification without Payment by the Customer, HiTechCloud has the right to dispose of the equipment in accordance with legal Regulations on security for the performance of Obligations to recover Accounts receivable, and any remaining balance (if any) will be refunded to the Customer.
PART X – VALIDITY AND APPLICABLE LAW
10.1. This Documentation takes effect from the date of issuance and applies to all service cycles initiated or renewed after the Effective date. Contracts, Appendices, minutes, and service confirmation slips signed with a valid Digital signature in accordance with the Law on Electronic Transactions No. 20/2023/QH15 (Luật Giao dịch điện tử số 20/2023/QH15) and Decree No. 23/2025/NĐ-CP on electronic signatures and trust services (Nghị định số 23/2025/NĐ-CP về chữ ký điện tử và dịch vụ tin cậy) have legal validity equivalent to physically signed and stamped documents.
10.2. This Documentation is governed by and construed in accordance with Vietnamese law. Any arising dispute shall first be resolved through negotiation and mediation within 30 (thirty) days; if an agreement is not reached, the dispute shall be submitted to the competent People's Court in Ho Chi Minh City for resolution.
10.3. In the event that any Terms of this Documentation are declared invalid or unenforceable, the remaining Terms shall remain in full force and Validity. This Documentation, together with the Service Agreement and policies published at https://hitechcloud.vn/tai-lieu-ho-tro/, constitutes the entire Agreement between the Parties regarding the Service.
Documentation issued by HiTechCloud and subject to amendment with 30-day prior notification on https://hitechcloud.vn/tai-lieu-ho-tro/.
