Service legal standards — Private Cloud – vCloudStack – VMware
PART I - PURPOSE AND SCOPE
1.1. This Documentation sets forth the legal standards, terms of provision, and terms of use for the Private Cloud on vCloudstack/VMware platform service group (hereinafter referred to as the “Service”) provided by Pho Tue SoftWare Solutions JSC (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 Private Cloud services built on vCloudstack, VMware, or equivalent virtualization platforms, under two models: (i) Hosted Private Cloud – infrastructure located at data centers operated by HiTechCloud; and (ii) On-premise Private Cloud – deployed on infrastructure located at the Customer's premises.
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. “Private Cloud”: a Cloud computing environment with physical resources dedicated to a single Customer, not Shared with other customers.
2.2. “Hosted Private Cloud”: a Private Cloud model operating on hardware owned or leased by HiTechCloud, located at data centers designated by HiTechCloud.
2.3. “On-premise Private Cloud”: a Private Cloud model deployed on Hardware and infrastructure (power, network, Server room) owned and operated under the responsibility of the Customer.
2.4. “Setup Fee”: a one-time fee for survey, design, installation, and initial configuration of the Private Cloud platform.
2.5. “Virtualization platform”: vCloudstack, VMware, or equivalent software used for virtualization and resource management; software licenses comply with the terms of the release vendor.
Part III – Service description and configuration
3.1. HiTechCloud surveys, designs, deploys, and hands over the Private Cloud platform according to the scope of work agreed upon in the service appendix, including the virtualization cluster, self-service management portal, network partitions, and platform configuration backup policy. Commercial software licenses (if any) are granted under the vendor's terms and may be provided by HiTechCloud or procured by the Customer.
3.2. For the Hosted model, HiTechCloud is responsible for all hardware, data centers, and the virtualization platform layer. For the On-premise model, the Customer is responsible for hardware, power, cooling, network connectivity, and physical security at their location; HiTechCloud's responsibility is limited to the platform software layer and administrative tasks within the scope of the contract.
3.3. After handover, HiTechCloud provides platform operation services according to the subscribed service plan (monitoring, platform patching, incident support); specific scope and commitment levels are specified in the service appendix.
Part IV – SLA and compensation
4.1. For Hosted Private Cloud, HiTechCloud commits to a minimum Virtualization platform layer Availability of 99.9% (ninety-nine point nine percent) per month. For On-premise Private Cloud, the SLA commitment applies only to the platform Software layer and support Response time; the SLA does not cover any disruptions arising from the Customer's on-premise infrastructure (power outages, Hardware failures, network disconnections, and substandard Server room conditions).
4.2. The response time for critical incidents regarding platforms operated by HiTechCloud is a maximum of 30 (thirty) minutes during the plan's committed support hours; incidents at the on-premises infrastructure layer are supported on a reasonable-efforts basis and may incur fees according to the price list.
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. Setup fees (Setup Fee) must be paid prior to deployment commencement and are non-refundable in all cases once HiTechCloud has begun survey, design, or installation work, even if the Customer initiates contract termination prior to handover completion through no fault of HiTechCloud.
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: execute Deployment strictly according to the design and scope of work in the Appendix; Handover operational documents and administrative accounts; operate and perform platform Patching according to the subscribed package; and provide platform Maintenance notice 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: provide information, environments, and coordinating Human resources in line with the Deployment schedule; for On-premise models, ensure Server room infrastructure meets operating conditions recommended by HiTechCloud; manage users, Virtual machines, and data on the platform; and comply with vendor Software License Terms.
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. Using the Private Cloud platform for acts in Violation of Vietnamese law is strictly prohibited; copying or redistributing platform Software contrary to vendor License Terms is strictly prohibited; and tampering with or modifying core platform components beyond the administrative scope provided at Handover without confirmation from HiTechCloud is strictly prohibited.
7.3. For the Hosted model, Regulations prohibiting Cyberattacks, Spam, botnets, and unregistered cryptocurrency mining apply identically as to HiTechCloud Cloud infrastructure services.
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. All Virtual machines and data on the Private Cloud are under the Customer's control. HiTechCloud only accesses the platform management layer for operations within the scope of the Contract, applying the principle of least privilege and Logging administrative actions for reconciliation when needed.
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.
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/.
