Service legal standards — Cloud Hosting – V-Hosting
PART I - PURPOSE AND SCOPE
1.1. This Documentation specifies the legal standards, conditions of provision, and conditions of use for the Cloud Hosting and V-Hosting service group (hereinafter referred to as the “Service”) provided by Pho Tue SoftWare Solutions JSC (HiTechCloud Brand, 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 Hosting and V-Hosting plans operating on a distributed Cloud computing infrastructure Cluster using NVMe Disks, capable of failover Redundancy between Nodes and automatic resource scaling (autoscale) depending on the Service plan. The Documentation does not apply to traditional shared Hosting or virtual private Servers, which are governed by separate legal standards.
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. “Cloud Hosting”: a web hosting service operating on a cluster of multiple physical server nodes, where data and processing loads are distributed so that an incident on a single node does not disrupt the entire service.
2.2. “NVMe”: a high-speed solid-state Disk standard communicating via PCIe, used as the primary Storage layer of the Service.
2.3. “TTFB”: Time To First Byte – the time from when the server receives a valid HTTP request until it returns the first byte of data, measured at the server layer.
2.4. “P95”: the 95th percentile value of the measurement sample set during the period; 95% of measurement samples have values less than or equal to this threshold.
2.5. “Autoscale”: a mechanism to automatically add CPU/RAM resources within plan thresholds during sudden load spikes, applicable as described in each service plan.
Part III – Service description and configuration
3.1. Each Cloud Hosting/V-Hosting service plan has published specifications for NVMe capacity, baseline CPU/RAM levels, maximum autoscale thresholds, bandwidth, and number of websites at https://hitechcloud.vn/tai-lieu-ho-tro/. Data is stored distributedly or replicated across nodes to ensure high availability.
3.2. The autoscale feature only applies to plans that publish this feature: when load spikes, the system automatically provisions additional resources within the maximum threshold of the plan without requiring a restart; resources exceeding the baseline are billed or provided free of charge according to the description of each plan.
3.3. HiTechCloud administers the entire Cluster infrastructure layer, Operating system, web server, and panel; the Customer manages Source code, Website data, and application configurations through the provided panel.
Part IV – SLA and compensation
4.1. HiTechCloud commits to a minimum Uptime of 99.9% (ninety-nine point nine percent) per calendar month for Cloud Hosting/V-Hosting Services, measured on HiTechCloud's monitoring system.
4.2. HiTechCloud commits to a TTFB metric of less than 200ms (two hundred milliseconds) at the P95 level for standard static requests, measured from measurement points within the territory of Vietnam directly connected to HiTechCloud infrastructure, provided that the Customer's Website is not overloaded by source code or abnormal queries. Metrics measured from the End user network, via a Third party CDN, or from abroad are for reference only.
4.3. SLA commitments do not include performance degradation caused by the Customer's source code or plugins, attacks targeting the Customer's Website, or the Customer's refusal to upgrade the package when recommended due to prolonged overload.
4.4. The sole form of compensation when HiTechCloud commits an SLA Violation is a fee deduction in the subsequent Billing cycle according to the deduction schedule published at https://hitechcloud.vn/tai-lieu-ho-tro/. The Customer must submit a deduction request within 30 (thirty) days from the occurrence of the Incident accompanied by supporting data; the SLA does not apply to Maintenance periods notified at least 48 (forty-eight) hours in advance, Force majeure events, errors arising from the Customer's systems, applications, configurations, or conduct, or third-party Provider errors beyond HiTechCloud's reasonable control.
4.5. HiTechCloud's total Indemnity arising out of or related to the Service shall in no case 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 due to the Customer's fault, or commercial reputational harm, even if notified 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. The service fee is calculated based on the subscription billing cycle (monthly, quarterly, or annually) according to the configuration and price schedule published at the time of registration or renewal. Mid-cycle configuration upgrades are charged for the difference pro-rated to the remaining time; downgrades only apply from the subsequent cycle and do not create any obligation to refund the difference.
5.4. Service fees do not include value-added tax and other taxes, fees, and charges under legal regulations (if any). HiTechCloud issues a valid e-invoice for each payment period; pricing schedules may be adjusted for the next cycle with at least 30 (thirty) days' prior notice and shall not apply retroactively to already paid cycles.
PART VI – RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. HiTechCloud has the obligation to: maintain NVMe infrastructure clusters and failover redundancy mechanisms; monitor performance 24/7; activate autoscale according to package descriptions; perform periodic backups per package policy; and provide 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: reasonably optimize Source code and Cache; monitor resource Alerts and Upgrade packages when demand exceeds autoscale thresholds; independently perform Backup of critical data; and make Payment for autoscale resource fees exceeding the baseline according to package pricing (if the package includes a Regulation on fee collection).
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. Exploiting the autoscale mechanism to maintain artificial load, conduct continuous benchmarking, or run tasks outside the purpose of serving a Website (cryptocurrency mining, public Proxy, file storage) is strictly prohibited. Sending spam, storage of malware, spoofing pages, or content in violation of Vietnamese law is strictly prohibited.
7.3. Accounts causing abnormal impacts on the shared Cluster even within Service plan thresholds (for example, attacks from a compromised Website) may be temporarily isolated to protect other Customers; HiTechCloud notifies the Customer immediately upon implementing isolation measures.
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. Customer data is stored distributively across infrastructure clusters located in data centers in Vietnam and is periodically backed up. HiTechCloud applies logical isolation between accounts and does not access data content except for incident response upon Customer request or upon a lawful request from a 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.
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/.
