Service legal standards — Networking – Load Balancer – CDN – VPN – Interconnect
PART I - PURPOSE AND SCOPE
1.1. This Documentation sets forth the legal standards, terms of provision, and terms of use for the network infrastructure service group: LoadBalancer, CDN, VPN, and Interconnect (hereinafter referred to as the “Service”) provided by Pho Tue SoftWare Solutions Joint Stock Company (brand HiTechCloud, 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 network infrastructure services: Load balancing (LoadBalancer), content delivery network (CDN), virtual private network (VPN site-to-site, client-to-site), and dedicated connection (Interconnect) between Customer infrastructure and HiTechCloud infrastructure or other providers.
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. “95th percentile bandwidth”: a method for calculating payment bandwidth: sampling traffic once every 5 minutes during the period, discarding the highest 5% of samples, with the highest remaining sample value being the chargeable bandwidth level.
2.2. “LoadBalancer”: a service that distributes traffic to multiple destination servers according to a configured algorithm, with health checks.
2.3. “CDN”: a content delivery network via points of presence (PoP), which may include the infrastructure of domestic and international third-party partners.
2.4. “Interconnect”: a dedicated Layer 2/Layer 3 connection between the Customer's infrastructure and HiTechCloud infrastructure via direct cabling or carrier transmission channels.
2.5. “Bandwidth Overage”: the portion of traffic or bandwidth used in excess of the registered commitment level, billed according to the published overage unit price.
Part III – Service description and configuration
3.1. Bandwidth for services is measured and billed using the 95th percentile method or based on total transmitted traffic (GB) depending on the registered service plan; measurement data on HiTechCloud's monitoring system serves as the basis for billing and is provided to the Customer via the dashboard.
3.2. The CDN Service may utilize edge infrastructure of third-party Partners; coverage areas and Cache behavior follow the configuration selected by the Customer. VPN and Interconnect services undergo Handover with circuit parameters, connection addresses, and link quality commitments within HiTechCloud infrastructure.
3.3. Connection quality across the networks of Internet service Providers (ISP), carriers, or Third party CDN infrastructure is beyond HiTechCloud's control; HiTechCloud is responsible for coordinating with Partners for Incident response, but assumes no Indemnity for disruptions occurring on such Third party infrastructure.
Part IV – SLA and compensation
4.1. HiTechCloud commits to a minimum LoadBalancer service and CDN control plane availability of 99.9% (ninety-nine point nine percent) per month; the Interconnect channel availability within the HiTechCloud infrastructure is a minimum of 99.9% per month, measured on HiTechCloud's monitoring system.
4.2. The SLA only applies to infrastructure components directly operated by HiTechCloud; disruptions caused by ISPs, carriers, third-party CDN edge points, the Customer's target server failing health checks, or Customer misconfiguration are not considered SLA violations.
4.3. The sole form of compensation when HiTechCloud commits an SLA commitment Violation is a fee credit in the subsequent Billing cycle according to the credit rate table published at https://hitechcloud.vn/tai-lieu-ho-tro/. The Customer must submit a credit request within 30 (thirty) days from the time the Incident occurred accompanied by supporting data; SLA does not apply to Maintenance time notified at least 48 (forty-eight) hours in advance, Force majeure events, errors arising from the Customer's systems, applications, configurations, or actions, or errors from third-party Providers beyond the reasonable control of HiTechCloud.
4.4. The total Indemnity of HiTechCloud arising out of or related to the Service shall under no circumstances 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 caused by Customer fault, or damage to commercial reputation, even if advised 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. Committed Bandwidth fees are subject to periodic Payment; Bandwidth Overage calculated via the 95th percentile method or based on excess Traffic recorded at the end of the period is added to the fee invoice of the subsequent Billing cycle according to the Overage Unit price published at https://hitechcloud.vn/tai-lieu-ho-tro/.
5.4. Service fees are calculated based on the registered cycle (monthly, quarterly, or annual) according to the configuration and price schedule published at the time of subscription or Renewal. Mid-cycle configuration Upgrades are charged the difference prorated over the remaining time; Downgrades apply only from the subsequent cycle and do not incur any Obligation to refund the difference.
5.5. Service fees do not include value-added tax and other taxes, fees, and charges under legal regulations (if any). HiTechCloud releases valid e-invoices for each billing cycle; pricing schedules may be adjusted for subsequent cycles with at least 30 (thirty) days' prior notification and will not apply retroactively to already paid cycles.
PART VI – RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. HiTechCloud has the Obligation to: maintain network infrastructure and service components within its scope of control according to SLA; provide transparent Bandwidth measurement metrics; coordinate with third-party Partners for inter-network Incident response; send 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: correctly configure DNS records, certifications, and distribution rules; ensure the origin Server (Origin) operates stably; control and assume full legal liability for content distributed via CDN, including copyright and content legality under Vietnamese law; and make payment for any incurred overage fees.
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. Using network services to distribute unlawful content or copyright-infringing content via CDN is strictly prohibited; using VPN/Interconnect as a transit channel for attacks, concealing attack sources, or bypassing cybersecurity controls under statutory regulations is strictly prohibited; spoofing traffic sources or amplifying traffic to harm third-party infrastructure is strictly prohibited.
7.3. Upon receiving a lawful request from a State authority to take down or block content distributed via CDN, HiTechCloud reserves the right to execute the block as requested and notify the Customer; Legal liability for the content rests with the Customer.
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. HiTechCloud processes Traffic Logs and IP addresses for operations, billing, and attack prevention under the principle of data minimization; Logs are retained for the duration prescribed by Law and are only provided to competent State authorities upon lawful request.
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/.
