Service legal standards — Cloud Storage – Object Storage – File Storage – HA-NAS
PART I - PURPOSE AND SCOPE
1.1. This Documentation sets forth the legal standards, terms of provision, and terms of use for the Cloud Storage service group (Object Storage, File Storage, HA-NAS) (hereinafter referred to as the “Service”) provided by Pho Tue SoftWare Solutions Joint Stock Company (brand HiTechCloud, 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 Cloud storage services in the form of object storage (S3-compatible Object Storage), file storage (File Storage), and high Availability network storage (HA-NAS) provided by HiTechCloud under a pay-per-use Capacity model or fixed Capacity plans.
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. “Object Storage”: an object data storage service accessed via an S3-compatible API, organized by buckets and object keys.
2.2. “Durability (data durability)”: the probability that data is not lost within one year according to system design, achieved through erasure coding or replication mechanisms across multiple devices and multiple nodes.
2.3. “Erasure Coding”: a data fragmentation technique with parity fragments that allows restoring data intact when some storage devices encounter an incident.
2.4. “HA-NAS”: a network-attached file storage system with dual redundancy architecture, automatically failing over when the primary node encounters an incident.
2.5. “Overage”: the portion of capacity or traffic used in excess of the registered quota during the period, charged according to the published overage unit price.
Part III – Service description and configuration
3.1. Data written to the system is protected by erasure coding or minimum replication mechanisms across multiple physical devices; designed data durability of the Object Storage layer reaches 99.999999999% (eleven nines) per year. Designed durability is an architectural metric, not an absolute commitment eliminating all risks; therefore, the Customer must still maintain an independent backup copy for critical data.
3.2. All data is encrypted at rest (at-rest) using the standard AES-256 Algorithm or equivalent and encrypted in transit on the Link (in-transit) using TLS. The Customer may use an additional client-side encryption layer with Customer-managed keys; HiTechCloud has no ability to perform Data recovery for data encrypted with keys lost by the Customer.
3.3. Capacity, the number of API requests, and transmission traffic are metered according to HiTechCloud's recording system and serve as the basis for billing. Usage exceeding the subscription tier (overage) is calculated according to the overage unit price published at https://hitechcloud.vn/tai-lieu-ho-tro/.
Part IV – SLA and compensation
4.1. HiTechCloud commits to a minimum service availability (successful read/write rate) of 99.9% (ninety-nine point nine percent) per month for Object Storage and File Storage; minimum 99.95% for HA-NAS, measured by the percentage of valid requests successfully processed on HiTechCloud's monitoring system.
4.2. The SLA does not apply to errors arising from the Customer's applications, SDKs, or access permission configurations; from the Customer deleting or overwriting data; or from third-party links outside HiTechCloud infrastructure.
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. Service fees include storage capacity fees, API request fees, and outbound traffic fees (if any) according to the published pricing table; overage is recorded by period and added to the fee notice of the subsequent cycle. The Customer is responsible for monitoring usage via the provided control panel.
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: maintain erasure coding/Replication data protection mechanisms and Encryption as described; provide APIs, Dashboards, and transparent metering metrics; resolve Storage infrastructure Incidents according to SLA; send Maintenance notices 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: manage API access keys, configure bucket/folder Permissions according to actual needs without unintended public exposure; control uploaded data to ensure legality; monitor and make Payment for overage fees; and independently perform Backup for critical data.
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 store or distribute through the Service: content in Violation of Vietnamese law, Malware, stolen data, or content infringing on Intellectual property rights or unlawfully collected Personal data of a Third party; it is strictly prohibited to use the Service as an attack relay point or distribute Spam via public links.
7.3. HiTechCloud does not actively moderate stored content, but reserves the right to block public access or isolate data objects upon receiving a lawful request from a State authority or a substantiated Complaint of a Violation, while notifying the Customer.
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 processes operational metadata (bucket name, size, access logs) to serve operations and billing; it does not access Customer data content except in the event of a lawful request from a competent state authority.
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. After Service termination, the Customer has 07 (seven) days to export all data via API or support tools; upon expiration of this period, all buckets, files, and metadata will be permanently deleted from all storage tiers and system copies under a secure deletion process and cannot be restored.
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/.
