Service legal standards — Web design – Software development
PART I - PURPOSE AND SCOPE
1.1. These legal standards (“Documentation”) specify the standard Terms and conditions applicable to the provision and use of the custom Web design and Software development service group (“Service”), provided by Pho Tue SoftWare Solutions JSC (“HiTechCloud”) to customers (“Customer”).
1.2. The Documentation applies to all Contracts, Orders, Appendices, or electronic service order confirmations referencing this Documentation. In case of conflict, separate commercial Terms signed between the two Parties shall take precedence, followed by this Documentation, and the policies published at https://hitechcloud.vn/tai-lieu-ho-tro/.
1.3. The scope of the Service includes consulting, interface design, programming of websites, applications, and software tailored to the Customer's specific requirements on the basis of the Requirements Specification Documentation (SRS) approved by both Parties.
Part II – Definitions
2.1. “SRS” is the software requirements specification documentation describing the functional scope, non-functional scope, and acceptance criteria of the product.
2.2. “Change Request (CR)” is a request for changes or additions outside the approved SRS scope.
2.3. “UAT” is the acceptance Testing phase conducted by the Customer prior to Acceptance.
2.4. “Pre-existing IP” is source code, libraries, frameworks, and tools owned or previously developed by HiTechCloud, used to build the product.
2.5. “Handover deliverables” are source code, documentation, and items listed for handover in the SRS or contract.
Part III – Service description and configuration
3.1. The project is deployed according to milestones linked to Payment milestones specified in the Contract; each milestone has corresponding interim deliverables and confirmation minutes.
3.2. Any change outside the SRS must be documented in a written Change Request, clearly stating the impact on scope, schedule, and cost; the CR is only executed after approval by both Parties.
3.3. Products utilizing open source will be handed over with a list of open source components and corresponding licenses; the Customer is responsible for compliance with these licenses when operating the product.
Part IV – SLA and compensation
4.1. The Customer shall perform UAT within 10 (ten) days from the Handover date; upon expiration of the UAT period, if the Customer does not submit a written defect list, the product is deemed to have achieved Acceptance.
4.2. Errors within the SRS scope detected during UAT will be resolved by HiTechCloud free of charge; requests outside the SRS are handled under the Change Request mechanism.
4.3. The sole remedy when HiTechCloud violates the SLA is a fee deduction in the subsequent billing cycle according to the published deduction schedule; the Customer has no right to request a cash refund or any other form of compensation for SLA violations.
4.4. HiTechCloud's total indemnity arising from or related to the Service shall under no circumstances exceed the total fees paid by the Customer for the most recent service cycle; HiTechCloud is not liable for indirect, consequential damages, lost profits, business opportunities, lost data, or reputational damage.
4.5. Planned maintenance is notified at least 48 (forty-eight) hours in advance via Email or the management portal; planned maintenance duration, force majeure events, and interruptions due to Customer fault are not counted as SLA violation time.
PART V - FEES AND PAYMENT
5.1. The Customer shall make advance Payment of 100% of the service cycle value within 03 (three) working days from the date HiTechCloud Releases the fee notice or Invoice, unless otherwise stipulated by a separate Contract.
5.2. Overdue payment amounts are subject to a late payment interest rate of 0.05%/day calculated on the overdue amount, from the overdue date until the actual payment date.
5.3. HiTechCloud reserves the right to suspend the Service after 07 (seven) days of late payment and execute Service termination after 15 (fifteen) days of late payment without compensation; the Customer remains under obligation to pay all fees incurred up to the termination date.
5.4. Project fees are paid according to milestones stipulated in the Contract; each Payment installment is made within 03 (three) working days from the date of Release of the fee notice accompanied by the corresponding milestone confirmation minute.
PART VI – RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. Economic rights under copyright to Handover deliverables are transferred to the Customer pursuant to Article 39 through Article 42 of the Law on Intellectual Property (Luật Sở hữu trí tuệ) after the Customer completes full Payment of all project fees; prior to that time, all rights belong to HiTechCloud.
6.2. Pre-existing IP is outside the scope of transfer; HiTechCloud grants the Customer a non-exclusive, non-transferable right to use the Pre-existing IP embedded in the product to utilize the product for its intended purpose.
6.3. The Customer has the Obligation to provide information, data, and coordinating Human resources on schedule; delays on the Customer's part will result in a corresponding Renewal of the schedule and may incur waiting costs.
Part VII – Acceptable use and prohibited conduct
7.1. The Customer guarantees that content, data, and Trademarks provided for the project do not infringe upon the rights of any Third party; requesting HiTechCloud to develop functions in Violation of the Law is prohibited.
7.2. Using the product prior to fulfilling the corresponding Payment Obligation is prohibited, except for UAT Testing purposes.
7.3. The Customer shall not use the Service to violate Vietnamese law, infringe upon national security, distribute malware, attack third-party systems, or infringe upon the intellectual property rights or personal data of any organization or individual; HiTechCloud reserves the right to immediately suspend services upon detecting a violation.
Part VIII – Security and personal data
8.1. Each Party undertakes to maintain the Information security of the other Party's non-public information obtained during the provision and use of the Service, and to use it solely for the purpose of Service performance; the confidentiality Obligation shall survive for 03 (three) years after Service termination, unless otherwise required by Law or a competent State authority.
8.2. Personal data processing complies 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 (Nghị định số 356/2025/NĐ-CP) detailing a number of Articles of the Law on Personal Data Protection; HiTechCloud only processes Personal data pursuant to lawful instructions from the Customer, applies appropriate technical and organizational measures, and notifies the Customer upon detecting an Incident of Personal data disclosure or loss in accordance with legal regulations.
8.3. Customer real data is only used for development and Testing with written permission; HiTechCloud recommends using mock data in the Development environment.
PART IX – SUSPENSION AND TERMINATION
9.1. HiTechCloud reserves the right to suspend part or all of the Service when: (i) the Customer is overdue on Payment by more than 07 (seven) days; (ii) the Customer violates the acceptable use Regulation; (iii) requested by a competent State authority; or (iv) necessary to prevent system security risks.
9.2. Each Party has the right to effect Service termination if the other Party commits a Violation of a fundamental Obligation and fails to remedy it within 15 (fifteen) days from the date of receiving written Notification; HiTechCloud has the right to terminate after 15 (fifteen) days from the date the Customer is suspended due to late Payment without making full Payment.
9.3. Within 07 (seven) days from the date of Service termination, the Customer will be supported in exporting data in common formats; upon expiration of this period, all Customer data will be permanently Deleted from the system and cannot be Restored, and HiTechCloud has no Obligation for further retention.
9.4. When the Contract is terminated ahead of term, milestones with Acceptance are non-refundable; work in progress shall undergo Handover on an as-is basis corresponding to the portion of fees with completed Payment.
PART X – VALIDITY AND APPLICABLE LAW
10.1. This Documentation is an integral part of the Service Agreement and the policies published at https://hitechcloud.vn/tai-lieu-ho-tro/; the Customer registering, making payment, or continuing to use the Service constitutes acceptance of the entire Documentation.
10.2. This Documentation and related contracts, appendices, and electronic confirmations may be signed using digital signatures pursuant to 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), holding legal validity equivalent to paper documents with direct signatures and seals.
10.3. The Documentation is governed by Vietnamese law. All disputes shall first be resolved through negotiation and mediation within 30 (thirty) days; if unsuccessful, the dispute shall be submitted to the competent People's Court in Ho Chi Minh City for resolution.
Documentation issued by HiTechCloud and subject to amendment with 30-day prior notification on https://hitechcloud.vn/tai-lieu-ho-tro/.
