Welcome to Công ty cổ phần Giải Pháp Công Nghệ và (hereinafter referred to as“Pho Tue SoftWare Solutions JSC”,“HiTechCloud” or“we”). Please read this Agreement carefully before registering for or using the Services at Pho Tue SoftWare Solutions JSC, as it contains provisions that directly affect your rights and obligations while using the services at Pho Tue SoftWare Solutions JSC.
The website and the Services published at www.hitechcloud.vn, www.hitechcloud.com.vn, www.photuesoftware.vn and www.photuesoftware.com are owned by Pho Tue SoftWare Solutions JSC. Your use of the website and these services constitutes your agreement to the provisions of these Terms of Service (referred to below as“PTG”).
Based on business practice and legal requirements, we reserve the right to amend, update, add to, or remove part or all of the content of the MBT Terms without being obligated to notify you directly, though we will publish the change publicly on our website.
You agree that if you continue to access our website and/or use Pho Tue Software Solutions JSC services after the terms of service have been updated or supplemented, you accept and agree to be bound by the updated PTG terms. You should review the PTG each time you visit the website, and you can view the latest version at any time at:https://hitechcloud.vn/phap-ly/
If one or more provisions of the PTG conflict with the law and are declared void by a court, that provision will not apply and will be amended to conform with current law; the remaining provisions of the PTG remain in force.
Article 1: Definitions
A “key” is a string of binary digits (0s and 1s) used in cryptographic systems.
“Private key” means a key in a key pair belonging to an asymmetric cryptographic system, used to create a digital signature.
“Public key” means one key of a key pair in an asymmetric cryptographic system, used to verify a digital signature created by the corresponding private key in that pair.
“Digital signing” means supplying a private key to a software program so that it automatically generates a digital signature and attaches it to a data message.
“Digital signature” means a form of electronic signature created by transforming a data message using an asymmetric cryptosystem, whereby a person holding the original data message and the signer's public key can determine precisely:
a) The transformation described above was created using the private key corresponding to the public key in the same key pair;
b) The integrity of the data message's content from the time of the transformation described above.
"Digital certificate" is a type of electronic certificate issued by a digital signature certification service provider to identify the public key of an agency, organization, or individual, thereby confirming that the agency, organization, or individual is the signer of the digital signature using the corresponding private key.
A “valid digital certificate” is one that has not expired and is not suspended or revoked.
A “public digital certificate” is a digital certificate issued by a public digital signature certification authority.
“Foreign digital certificate” means a digital certificate issued by a foreign digital signature certification service provider.
“Subscriber” means an agency, organization or individual that has been issued a digital certificate, has accepted that certificate and holds the private key corresponding to the public key recorded on it.
The “signer” is the subscriber who uses their own private key to digitally sign a data message in their own name.
“Recipient” means an organization or individual that receives a data message digitally signed by a signer and uses that signer's digital certificate to verify the digital signature in the data message received.
“Digital signature applications” are IT applications that allow digital signatures to be integrated and used for authentication.
“Digital signature certification service provider” means an electronic signature certification service provider that carries out the activity of providing digital signature certification services.
“Public digital signature certification service provider” means an organization that provides digital signature certification services to agencies, organizations, and individuals for use in public activities. The provision of digital signature certification services by public digital signature certification service providers is a conditional business line under applicable law.
"Organizational Digital Certificate" is a type of electronic certificate issued by a digital signature certification service provider to establish identification information for the public key of an agency or organization, thereby confirming that the agency or organization is the signer of the digital signature using the corresponding private key.
“Personal digital certificate” means a form of electronic certificate issued by a digital signature certification service provider that supplies identity information for an individual's public key, thereby confirming that the individual is the signatory of the digital signature created using the corresponding private key.
An “organization private key” is the private key corresponding to an organization's digital certificate.
A “personal private key” is the private key corresponding to an individual's digital certificate.
“Digital signing software” means a standalone software program, a software component (module) or a solution that applies a digital signature to a data message.
“Digital signature verification software” means a standalone software program, a software component (module) or a solution whose function is to verify the validity of a digital signature on a digitally signed data message.
“Certificate trust path” means the internet address path recorded on a digital certificate, identifying the digital signature certification authority that issued that certificate.
“Private key storage device”: the physical device holding the subscriber's digital certificate and private key.
“USB Token”: a device that stores a private key, used directly on the signing device and allowing only one person to sign at any given time.
“HSM (Hardware Security Module)”: a device that stores private keys and is connected directly to the internet, allowing many people to sign for many transactions at the same time from a number of different signing devices.
Article 2: Application for issuing or renewing a digital certificate
The Customer supplies the complete digital certificate application file to Pho Tue SoftWare Solutions JSC within 3 (three) days of Pho Tue SoftWare Solutions JSC requesting it, comprising:
– The certificate application form in Party B's template, published on Party B's system (Party A signs in to their member account with Party B at my.photuesoftware.vn or my.hitechcloud.vn to download the appropriate form).
– Supporting documents:
+ For individuals: ID card / citizen ID card / passport;
+ For organizations: the establishment decision, or the decision setting out the organization's functions, duties, powers and structure, or the business registration certificate or investment registration certificate; and the ID card/citizen ID card/passport (CMND/CCCD/Hộ chiếu) of the organization's legal representative.
Article 3: Level of security
3.1 Pho Tue SoftWare Solutions JSC undertakes that its key distribution system for Customers ensures the integrity and security of key pairs. Where keys are distributed over a computer network, the distribution system must use security protocols that prevent information from being exposed in transit.
3.2 The Customer must store and use its private key securely and confidentially throughout the period in which its digital certificate is valid or suspended.
Article 4: Conditions for ensuring digital signature security
4.1 The digital signature is created while the digital certificate is valid and can be verified with the public key recorded on that certificate.
4.2 The digital signature is created using the private key corresponding to the public key recorded on the digital certificate issued by Pho Tue SoftWare Solutions JSC.
4.3 The private key is under the Customer's sole control at the time of signing.
Article 5: Rules on revoking digital signatures and recovering private key storage devices
5.1 In addition to the requirements of applicable law, a customer's digital certificate will be revoked in any of the following cases:
a) Where the customer makes a written request and Pho Tue Software Solutions JSC has verified that request as genuine;
b) Where the customer is an individual who has died or been declared missing by a court, or the customer is an organization that is dissolved or bankrupt under the law;
c) At the request of a proceeding authority, the police, or the Ministry of Information and Communications;
d) Under the certificate revocation conditions set out in the contract between the customer and Pho Tue SoftWare Solutions JSC.
5.2 Where grounds for revoking a digital certificate exist, Pho Tue SoftWare Solutions JSC revokes the certificate and notifies the customer immediately, and also publishes the revocation in the digital certificate database.
Article 6: Rules on suspending and reinstating a customer's digital certificate
6.1 A customer's digital certificate is suspended in the following cases:
a) Where the customer makes a written request and Pho Tue Software Solutions JSC has verified that request as genuine;
b) Where Pho Tue SoftWare Solutions JSC has grounds to conclude that an issued digital certificate does not comply with Articles 24 and 25 of Government Decree 130/2018/NĐ-CP of 27 September 2018 detailing the implementation of the Law on Electronic Transactions in respect of digital signatures and signature certification services, or with Article 14 of Decision 2140/QĐ-BTC issuing the Ministry of Finance's regulations on the management and use of digital certificates and digital signatures; or where any error is found that affects the interests of the subscriber and the recipient;
c) At the request of a proceeding authority, the police, or the Ministry of Information and Communications;
d) Under the certificate suspension conditions set out in the contract between the customer and Pho Tue SoftWare Solutions JSC.
6.2 Where there are grounds to suspend a digital certificate, Pho Tue SoftWare Solutions JSC suspends it and at the same time notifies the customer immediately and publishes the suspension, together with its start and end times, in the digital certificate database.
6.3 Pho Tue SoftWare Solutions JSC must restore a digital certificate once the grounds for suspension no longer apply, or once the requested suspension period has expired.
Article 7: Rights and obligations of the customer
7.1 As a customer, you hold the full rights and obligations of a service recipient under Vietnam's Civil Code (Bộ luật Dân sự) and Commercial Law (Luật Thương mại), and other relevant laws and regulations. You must comply with the law on electronic transactions and with the specialized regulations applicable to sectors where digital certificates and digital signatures are used.
7.2 To provide information on request from the time Pho Tue SoftWare Solutions JSC asks for verification, and to bear sole legal responsibility for the purpose for which the information is used and for its accuracy, ensuring that registration and use of the service are lawful and do not infringe the lawful rights and interests of other organizations or individuals.
7.3 At least 30 days before the certificate expires, the customer may request a certificate renewal.
7.4 To change a key pair, the customer must submit a key pair change request. Where the public key on a renewed digital certificate is to be changed, the subscriber must make an explicit request.
7.5 The signer of an electronic signature, or that person’s lawful representative, is the person who controls the electronic signing program system and uses that device to confirm their intent in respect of the signed data message.
7.6 Notify Pho Tue SoftWare Solutions JSC in writing, or in an equivalent form such as email or fax, as soon as there is any change to your name, account number, transaction address, invoicing address or other information relevant to performance of the Contract. The Customer bears no liability arising from the Customer's delay in, or failure to, perform this obligation.
7.7 Having provided a digital certificate to another party for transaction purposes, the Customer warrants to that recipient and to Pho Tue SoftWare Solutions JSC that the Customer is the lawful holder of the private key corresponding to the public key on the certificate, that the information on the certificate relating to the Customer is true, and that the Customer will perform the obligations arising from that certificate.
7.8 Undertakes to consent to the publication of digital signature information in Pho Tue SoftWare Solutions JSC's digital signature database as required by law.
7.9 You must not use any tool, program or other means to alter data on, or damage, the device that stores the private key.
7.10 Requirement to keep the private key safe in storage and in use.
7.11 Any dispute arising from or related to the use of the digital signature shall be resolved through mediation and negotiation. If the Parties cannot resolve the dispute through negotiation, either Party is entitled to bring it before a competent court for resolution in accordance with Vietnamese law.
Article 8: Rights and obligations of Pho Tue SoftWare Solutions JSC
8.1 Is an organization providing public digital signature certification services that has been granted a Certificate of Eligibility to ensure the safety of public digital signatures under Decree 130/2018/ND-CP (Nghị Định 130/2018/NĐ-CP).
8.2 Issue a digital certificate to the customer once the customer has supplied the full information and documentation required by Decree 130/2018/ND-CP (Nghị định 130/2018/NĐ-CP); do not refuse to issue a digital certificate to an applicant organization or individual without proper cause.
8.3 Ensure that the customer's use of the service is continuous and uninterrupted throughout the validity period of the digital certificate, and that checking of the customer's digital certificate status is continuous.
8.4 To safeguard private information, personal information and the devices storing digital certificates on behalf of subscribers, in accordance with information security law and other relevant legislation.
8.5 On receiving a renewal request from the customer, Pho Tue SoftWare Solutions JSC must complete the digital certificate renewal procedures before the certificate expires.
8.6 Pho Tue SoftWare Solutions JSC undertakes to support customers in using the products and services it supplies, for as long as the customer uses Pho Tue SoftWare Solutions JSC services. All of your rights and obligations are based on the account information you have registered; if any of that information is inaccurate, Pho Tue SoftWare Solutions JSC accepts no liability where the inaccuracy affects or limits your rights, and will not take it upon itself to change your data if the information you provided is unsuitable or incorrect.
8.7 Receive and resolve customer complaints regarding the service and service quality arising during use of Pho Tue SoftWare Solutions JSC's products and services, provided that the customer has supplied complete, honest and accurate information
8.8 Pho Tue SoftWare Solutions JSC may require you to cooperate in verifying information where it suspects that the information provided is inaccurate or has been falsified.
8.9 Depending on the severity and nature of the customer's breach, Pho Tue SoftWare Solutions JSC may suspend or revoke the digital signature where a violation arises under Clause 2 or Clause 3 of this agreement or of this policy, or may refer the matter to the competent authority for resolution under applicable law.
8.10 Provide customers with basic knowledge of the management policy and with guidance on registering, using and maintaining digital certificates, and promptly notify customers whenever these policies and guidelines change.
8.11 Resolving risks and compensation arising for the customer and the recipient where a fault of Pho Tue SoftWare Solutions JSC is established.
8.12 To safeguard private information, personal information and the devices storing digital certificates on behalf of customers, in accordance with information security law and other relevant legislation.
8.13 Receiving enquiries: we maintain a continuously available channel for customer enquiries relating to digital certificates and provide technical support 24 hours a day, 7 days a week, whenever the customer contacts the Pho Tue SoftWare Solutions JSC technical team via Party B's hotline on +84 8659 20041 or submits a support request at https://my.photuesoftware.vn or https://my.hitechcloud.vn
Article 9: Payment Regulations
9.1 By registering to use the Service, you agree to comply with our payment guidelines. Pho Tue SoftWare Solutions JSC cannot and will not be liable, and bears no obligation to compensate, for any consequences or damages arising from your failure to fully comply with these payment guidelines.
9.2 Pho Tue SoftWare Solutions JSC issues an electronic invoice once payment has been received in full from you and the service has been successfully activated. The electronic invoice is issued to the party named as the owner of the service. For example:
Example 1: if the service is registered under the subject name XYZ Joint Stock Company, then Pho Tue SoftWare Solutions JSC issues the electronic invoice to XYZ Joint Stock Company and may not issue the invoice to any other company or individual.
Example 2: if the service is registered under the subject name Mr. Nguyễn Văn A (Mr. A may be the director or contact person of XYZ Joint Stock Company), Pho Tue SoftWare Solutions JSC will issue the electronic invoice only to Nguyễn Văn A, and not to XYZ Joint Stock Company.
Article 10: Regulations on service renewal
10.1 You, or the service administrator you designate (in the case of a business or organization), are responsible for proactively monitoring the operational status and validity period of the products and/or services registered with Pho Tue SoftWare Solutions JSC.
10.2 A service is renewed only once payment of the service fee has been received in full. Renewal is completed within 1 day of Pho Tue SoftWare Solutions JSC receiving the full renewal fee.
10.3 Pho Tue SoftWare Solutions JSC cannot and will not accept liability or pay compensation for any consequence or loss arising from your failure to comply with these rules.
Article 11: Customer support
11.1 Pho Tue SoftWare Solutions JSC bears no responsibility for responding to inquiries or complaints from third parties relating to your use of the service. Pho Tue SoftWare Solutions JSC is likewise not responsible for responding to inquiries or complaints about issues relating to any third-party service you use.
11.2 Pho Tue SoftWare Solutions JSC provides technical support to your designated administrator in accordance with the support principles applicable to the Service.
11.3 Before submitting a technical support request, you are responsible for backing up your own data, attempting to fix the problem yourself, and checking technical issues, functionality and network connectivity. Pho Tue SoftWare Solutions JSC accepts technical support requests through two channels only: the hotline on +84 8659 20041 and the website at https://my.photuesoftware.vn or https://my.hitechcloud.vn
11.4 We use a PIN code that lets our customers verify their own identity when contacting the +84 8659 20041 hotline to request technical support. Each customer is issued a 4-digit PIN. The PIN is generated automatically, and you can change it yourself at https://my.photuesoftware.vn or https://my.hitechcloud.vn
You understand and agree that when you call the technical support line on +84 8659 20041 and correctly provide your PIN together with one other piece of information (such as your email address, customer ID, phone number or service domain name), we treat that as sufficient to confirm that you are our service customer and will proceed to assist you. You should therefore keep your PIN secure and change it regularly.
Article 12: Limitation of liability and disclaimer of warranties
12.1 Under no circumstances is Pho Tue SoftWare Solutions JSC liable for the equipment or devices you use to access our website, such as access devices or transmission equipment. When using the Service, you must supply, at your own expense, the equipment and devices necessary for logging in and data transmission, and you bear full responsibility and cost for doing so
12.2 There may be factors beyond our control that cause a product defect. We will make reasonable efforts to fix product defects to the customer's satisfaction, but we are not liable to provide support or compensation to the customer for such risks or any resulting damages.
12.3 You agree to defend, indemnify, and hold Us harmless from any legal liability, proceedings, losses, and costs — including but not limited to court fees and attorney or consultant fees — arising from or related to resolving your breach in the course of using our products.
12.4 You understand and agree that we will not be liable for any resulting damages or consequences (including but not limited to loss of profit, loss of reputation, loss of use of data, or other intangible losses (even if we have advised you of the possibility of such damages)) arising from: (i)
12.5 When you require technical support for services you use at Pho Tue SoftWare Solutions JSC, in some cases the Pho Tue SoftWare Solutions JSC technical support team will need to connect to your personal computer using third-party software such as UltraViewer or AnyDesk.
12.6 We disclaim all liability for the data on your computer or personal device during technical support. Before we connect to your computer or device, you will therefore need to do the following:
– Save any files, applications and software you are working on.
– Hide all files, applications, software,… that are unrelated to the service you use at Pho Tue SoftWare Solutions JSC and that we will assist you with.
Article 13: Customer information confidentiality
Pho Tue Software Solutions JSC respects your privacy and manages your information carefully. We collect and use your information in line with the privacy policy set out here:https://hitechcloud.vn/chinh-sach-bao-mat/
Article 14: Complaint procedure
If the Customer has a complaint about the quality of Pho Tue SoftWare Solutions JSC's services, the Customer sends the complaint, the matter to be resolved and any related documents and information to us through one of the following channels:
– In person with the customer care department at the offices of Pho Tue SoftWare Solutions JSC whose addresses are listed at the bottom of hitechcloud.vn or photuesoftware.com
– Send your request/complaint to: 128 Đường Bình Mỹ, xã Bình Mỹ, huyện Củ Chi, Thành phố Hồ Chí Minh
– Contact us by phone on +84 8659 20041 or email report@photuesoftware.com
Pho Tue SoftWare Solutions JSC will verify and review the substance of the complaint and respond to the Customer with a proposed resolution within 2 (two) working days of receiving the Customer's complaint.
If the Customer does not agree with our proposed resolution, the Customer may exercise the right to bring legal action in accordance with the law.
For full details of the service complaint procedure, please see: https://hitechcloud.vn/quy-trinh-giai-quyet-khieu-nai-khach-hang/
Article 15: Free services
Within the limits permitted by law and its business direction, Pho Tue SoftWare Solutions JSC may provide one or more services free of charge to users. The scope of any free service is at the discretion of Pho Tue SoftWare Solutions JSC.
All intellectual property rights in the products and services of Pho Tue SoftWare Solutions JSC belong to us or are lawfully licensed to us, and all lawful rights are reserved. Except with the consent of Pho Tue SoftWare Solutions JSC, you may not upload, send, publish, reproduce, transmit or distribute in any form any part of the products or services of Pho Tue SoftWare Solutions JSC.
Where files, images, software or programs created by us are made available for download, we permit you to use them on a limited, non-commercial basis. That permission does not mean we have granted you any right to exploit the copyright. You may not download the files in order to reproduce, publish, announce, transfer or distribute them. You must also follow any other instructions we set when you wish to use these files.
Users are solely responsible for any information they obtain when visiting the website. We make no warranty as to the source, accuracy, or completeness of that content.
You may stop using our services at any time. Pho Tue Software Solutions JSC will continue to change and improve its services. We will give you reasonable advance notice when we change or improve service functionality.
Updated: 23/01/2025
