Web Design Service Terms
ARTICLE 1 – DEFINITIONS AND SCOPE OF SERVICE
The Web Design service of Pho Tue Software Solutions JSC (the “Company”) covers all planning, interface design, front-end/back-end development, system integration, testing and handover of the website as requested by the Customer (the “Client”).
1.1 Service plan tiers
| Service plans | Scope | Estimated time | Warranty |
| Basic plan | Landing page, up to 5 pages, responsive, basic CMS | 7–14 business days | 3 months |
| Standard plan | Websites of up to 20 pages, with on-page SEO, a contact form and Google Analytics | 20–35 business days | 6 months |
| Professional plan | Corporate websites of up to 50 pages, multilingual, with CRM/ERP and payment gateway integration | 45–70 business days | 12 months |
| Enterprise plan | E-commerce systems, custom frameworks, complex APIs and load balancing | 90+ business days | 24 months |
| Custom services | Per the customer's specific request | As agreed | Per contract |
ARTICLE 2 – PROJECT DELIVERY PROCESS
2.1 Project phases
- Phase 1 – Discovery & planning: gather requirements, analyze the target audience, define the sitemap, wireframes and technology stack. Duration: up to 5 working days.
- Phase 2 – UI/UX design: mockups/prototypes are produced in Figma or Adobe XD and presented to the Client for approval. Up to two rounds of design revision are included in the contract fee.
- Phase 3 – Coding & development: front-end (HTML5/CSS3/JavaScript) and back-end development, with CMS integration (WordPress, a custom CMS or a headless CMS as required).
- Phase 4 – Testing (QA): cross-browser testing (Chrome, Firefox, Safari, Edge), responsive testing on mobile devices, performance testing (Google PageSpeed Insights ≥ 85) and basic security testing.
- Phase 5 – Handover & training: handover of all source code and technical documentation, plus up to 4 hours of CMS operations training.
- Phase 6 – Warranty: resolving technical defects in the original deliverable; does not cover design changes or new features.
2.2 The client's obligation to provide information
- Supply content (text, images, logos, video) on schedule as set out in the project plan.
- Provide hosting accounts, domains, and third-party API keys within 3 business days of the request.
- Nominate a single point of contact authorized to approve designs and content.
- Any delay by the Client in providing information shall extend the project schedule accordingly and shall not count against the Company's deadlines.
ARTICLE 3 – INTELLECTUAL PROPERTY
3.1 Ownership after handover
Under Articles 39–42 of the Intellectual Property Law 2005, as amended in 2022 (Luật SHTT 2005, sửa đổi 2022): once the Client has paid in full, the economic copyright in the entire custom website source code is assigned to the Client. The Client is entitled to modify, distribute and commercially exploit it.
3.2 The Company's retained rights
- The Company retains ownership of: frameworks, libraries, plugins and reusable modules developed before the project (“Pre-existing IP”).
- The Company is granted a perpetual, non-exclusive license to use Pre-existing IP, at no additional cost to the Client.
- The Company may include the project in its portfolio unless the Client requests confidentiality in writing.
3.3 Third-party content
The Client is responsible for ensuring that all content it supplies does not infringe the intellectual property rights of any third party. The Company bears no legal liability for infringing content supplied by the Client.
ARTICLE 4 – PAYMENT AND REFUNDS
4.1 Payment structure
| Payment milestones | Rate | Conditions |
| Deposit / kickoff | 30% | Sign the contract and confirm the request |
| Design approval | 30% | The Client signs off the phase 2 mockup |
| Development complete | 25% | Staging environment demo for the Client |
| Final handover | 15% | Source code handover and go-live |
4.2 Refund policy
- Before phase 2 begins: 80% of the deposit is refunded.
- After phase 2 is complete: fees for phases 1 and 2 are non-refundable.
- If the Client terminates unilaterally from Phase 3 onwards: the Client must pay 100% of the value of the work performed, based on the completion ratio determined by the Company.
- No refund is given where the Client fails to provide content or approvals and the project is stalled for more than 30 days.
ARTICLE 5 - CHANGE REQUESTS
Any change requested after the corresponding phase has been signed off is handled through the Change Request (CR) process:
- Change requests must be submitted in writing (by email or through the project management system).
- The Company will respond with an impact assessment (timeline, additional cost) within 2 business days.
- A change request is only carried out after the Lessee approves it in writing and pays the associated fee.
- Minor changes (< 4 hours of development, no structural impact): 2 free changes per phase.
ARTICLE 6 – SECURITY AND DATA PROTECTION
The Company undertakes to keep confidential all business information, end-customer data and technical documentation of the Client in accordance with Decree 13/2023/ND-CP (NĐ 13/2023/NĐ-CP). Staff assigned to the project sign an internal NDA before accessing any data.
ARTICLE 7 - LIMITATION OF LIABILITY
- The Company is not liable for indirect damages, lost revenue, or data loss caused by the Client's operational errors after handover.
- The Company's total liability does not exceed the value of the signed contract.
- The Company does not guarantee specific SEO rankings or conversion rates once the website is live.
- Hosting, domains, and third-party services managed by the Client: the Company is not responsible for incidents originating with those parties.
ARTICLE 8 - DISPUTE RESOLUTION
Disputes are to be resolved primarily through negotiation within 30 days. If no agreement is reached, the dispute shall be brought before the competent People's Court in Ho Chi Minh City or the Vietnam International Arbitration Centre (VIAC), at the Client's election, under the laws of Vietnam.
ARTICLE 9 - EFFECT
These terms take effect from the date the contract is signed and terminate when the warranty period expires or when the parties have fully discharged their obligations. The Company has the right to update the terms with 30 days' prior notice.
