Service legal standards — Managed Services – Migration – Technical support
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 outsourced operations management (Managed Services), system migration (Migration), and technical support 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 packaged outsourced system operations management, infrastructure – data – application migration services, and on-demand technical support packages.
Part II – Definitions
2.1. “Service plan” includes 04 levels: BASIC, STANDARD, PREMIUM, and ENTERPRISE, with different scopes of work, response times, and support hours according to the published schedule.
2.2. “SOW” (Statement of Work) is a detailed scope of work description for each project or each service period.
2.3. “Cutover” is the point in time of officially transitioning the system from the legacy environment to the new environment in a Migration project.
2.4. “Rollback” is the plan to revert to the legacy system when Cutover fails to meet the Success criteria.
2.5. “Periodic report” is a periodic work report (weekly/monthly) submitted by HiTechCloud to the Customer.
Part III – Service description and configuration
3.1. The scope of each Service plan (monitoring, patching, backup, optimization, incident response) and response targets are specified in the plan description table; out-of-scope work is performed under a separate SOW or billed on an hourly basis.
3.2. Each Migration project has an SOW detailing the scope, plan, success criteria, Cutover script, and Rollback plan approved by both Parties prior to execution.
3.3. The Customer has the Obligation to fully back up all data and configurations prior to migration; HiTechCloud is only responsible for data within the scope listed in the SOW and within the Limitation of liability in this Document.
Part IV – SLA and compensation
4.1. Request intake and Response time follows the priority level of each Service plan; the commitment applies to Response time and initiating processing, not a commitment to full Resolution time, which inherently depends on the nature of the Incident.
4.2. Periodic reports are submitted via email or the admin portal; if the Customer has no written comments within 05 (five) days from the submission date, the scope of work in the periodic report is deemed to have achieved Acceptance.
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 grants necessary access permissions based on the principle of least privilege, provides contact points authorized to make decisions, and promptly notifies system changes outside HiTechCloud's management scope.
6.2. HiTechCloud has the obligation to perform system impact logging, comply with the agreed change management process, and complete a full handover of operational documentation upon service conclusion.
6.3. HiTechCloud is not liable for any incident arising from changes made by the Customer or a third party to systems within the administration scope without prior notification.
Part VII – Acceptable use and prohibited conduct
7.1. Requesting HiTechCloud to perform tasks in violation of the law, exceed authorized permissions on third-party systems, or interfere with data without legitimate Customer authorization is prohibited.
7.2. Privileged accounts used by HiTechCloud are solely for the scope of work; both Parties shall not Share Authentication information outside the registered Human resources list.
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. During operation, HiTechCloud may access Customer data to the minimum extent necessary; all access is logged and in 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 (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/.
