Service legal standards — Email – HiTechMail – vMail – Email Relay – Email Hybrid
PART I - PURPOSE AND SCOPE
1.1. This legal standard (“Documentation”) sets forth standard terms and conditions applicable to the provision and use of the Business Email HiTechMail, vMail, Email Relay, and Email Hybrid 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 Service includes the HiTechMail/vMail Business Email system, email relay services (Relay) for sending transactional/marketing emails, and the Hybrid Email model combining the Customer's on-premises systems.
Part II – Definitions
2.1. “Email Relay” is an outbound email relay service operating through HiTechCloud's sending infrastructure with managed sender IP reputation.
2.2. “SPF/DKIM/DMARC” are email sender authentication records that the Customer must configure on their domain.
2.3. “Delivery Success rate” is the ratio of Emails accepted by the receiving Server to the total valid Emails sent, excluding Emails rejected due to incorrect recipient lists or receiving party policies.
2.4. “Spam” is construed in accordance with Decree No. 91/2020/ND-CP on Combating Spam Text Messages, Spam Emails, and Spam Calls (Nghị định 91/2020/NĐ-CP về chống tin nhắn rác, thư điện tử rác, cuộc gọi rác).
2.5. “Submit limit” is the quota of emails/hour or /day according to the service plan.
Part III – Service description and configuration
3.1. The Service provides Mailboxes based on plan capacity, Webmail, IMAP/POP3/SMTP protocols, two-way Anti-spam – Virus filtering, and email Domain administration tools; the Hybrid model synchronizes Routing between the HiTechCloud system and the Customer's internal email Server.
3.2. The Customer must fully configure SPF, DKIM, and DMARC according to instructions prior to sending via Relay; HiTechCloud reserves the right to refuse sending for unauthenticated domains.
3.3. Sending limits by service plan are published in the service table; overage requests must be registered in advance and may require verification of the recipient list source.
Part IV – SLA and compensation
4.1. HiTechCloud commits to a minimum email system Availability of 99.9% per month and a successful delivery rate exceeding 99% for valid emails via Relay; Metrics do not include disruptions due to Customer DNS, recipient blocking policies, or Domains blacklisted due to Customer actions.
4.2. Restoring IP/domain reputation affected by the Customer's sending behavior falls outside the scope of the SLA and may be charged separately.
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.
PART VI – RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Customer shall only send Emails to recipients who have agreed to receive them or have other lawful bases under Decree No. 91/2020/NĐ-CP (Nghị định 91/2020/NĐ-CP), maintain an unsubscribe mechanism, and process opt-out requests within statutory timeframes.
6.2. HiTechCloud has the Obligation to maintain the Spam – Virus filtering system, conduct Monitoring of sending IP reputation, and notify the Customer upon detecting signs of Abuse from the Customer's account.
6.3. The Customer is responsible for managing Passwords, enabling Multi-factor authentication for administrative accounts, and assuming responsibility for Emails sent from accounts compromised due to Security errors on its side.
Part VII – Acceptable use and prohibited conduct
7.1. Sending spam, fraud emails (Phishing), sender spoofing, distributing malware, or trading unauthorized email lists is prohibited; any violation of anti-spam regulations results in immediate Service suspension without refund, regardless of prior notice procedures.
7.2. Using Relay as an open relay, sending on behalf of unidentified third parties, or rotating emails to circumvent anti-spam mechanisms is prohibited.
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 Email content is not manually read by HiTechCloud; the system only performs automated scanning to filter Spam – Virus. Personal data in Emails is protected under 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).
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.
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/.
