Overview
Welcome to Hi-Tech Cloud, a brand of Công ty Cổ Phần Giải Pháp Công Nghệ và Phần Mềm Phổ Tuệ (referred to in this document as HiTech Cloud or Pho Tue SoftWare Solutions JSC). Please read this Agreement carefully before using or registering for Hi-Tech Cloud services, as it contains important information about the conditions and terms affecting your legal rights and about the remedies available to you while using Hi-Tech Cloud services.
Our website and the Services on it are built and owned by Pho Tue SoftWare And Technology Solutions Joint Stock Company (Công ty Cổ Phần Giải Pháp Công Nghệ và Phần Mềm Phổ Tuệ). Your use of the website and the services described at hitechcloud.vn/photuesoftware.com constitutes your agreement to the provisions of these Terms of Service (referred to below as the "Hi-Tech Cloud Tos").
Based on actual business practice and applicable law, we reserve the right to revise, update, add to, or remove part or all of the content of these Hi-Tech Cloud Terms of Service without being obligated to notify you directly, though we will publish any changes publicly on our website.
You agree that if you continue to access our website and/or use Hi-Tech Cloud's Services after the Terms of Service have been updated or supplemented, you accept and agree to be bound by the updated Hi-Tech Cloud Tos. You should review the Hi-Tech Cloud Tos regularly whenever you visit the website, and you can view the latest Hi-Tech Cloud Tos at any time at:https://hitechcloud.vn/tos
If one or more clauses of these Terms of Service conflict with the law and are declared invalid by a court, that clause becomes unenforceable and is revised to comply with applicable law, while the rest of the Terms of Service remains in full effect.
Article 1: Definitions
“Hi-Tech Cloud”: a brand of Công ty Cổ Phần Giải Pháp Công Nghệ và Phần Mềm Phổ Tuệ.
“We”: Công ty Cổ Phần Giải Pháp Công Nghệ và Phần Mềm Phổ Tuệ and its parent companies, subsidiaries, branches and related companies, affiliated organizations, officers, employees, representatives, partners and licensees of Hi-Tech Cloud.
“You”, “Customer”: the person who visits this website and/or lawfully purchases and uses the products and services provided by Hi-Tech Cloud, and who holds ownership rights over the products and services they purchase or own under applicable law.
“Email”, “Mail”: an abbreviation of the English term “Electronic Mail”, which translates into Vietnamese as “Thư điện tử”. Email (or Mail) is the means used to send or receive content and exchange information over the internet.
“NameServer”, “DNS”: the domain name resolution system on the Internet. Put simply, DNS converts an easy-to-remember domain name (for example ns.hitechcloud.io.vn) into a hard-to-remember IP address (for example 192.168.1.100).
“Email Admin”, “Registrant Email”: the email address used for verification when registering an international domain. Under the requirements of ICANN, the international domain name management organization, an international domain must be verified from the registrant’s email address when it is registered or when its information is changed.
“Admin”: Admin is short for “Administrator”, meaning the person who manages or administers a system. This is the highest level of administrator privilege on hosting platforms and in system administration.
“Download”: to transfer data from the internet to your computer.
“File”: a named file stored on storage media such as a hard disk, floppy disk, USB drive, CD, DVD, …
“License Key”: the code (also called a key) for licensed software, issued by the software vendor. During installation or use, software that has not been activated will require you to activate it before you can continue using it.
“Control Panel”: an English term. Translated into Vietnamese as “Bảng điều khiển”, it is the tool with which users administer systems through a visual interface, for example: Cloud Hosting, Cloud Server, Email, DNS, ID, …
Hi-Tech Cloud services are the products and services listed on this website (referred to below as the services).
Article 2. Website content
2.1. The contents of this website, in whole or in part — including brands, logos, images, emblems, icons, software, text and other content — are the property of Viettel IDC and/or content controlled by HiTech Cloud Pho Tue SoftWare Solutions JSC. The HiTech Cloud Pho Tue SoftWare Solutions JSC brand comprises the logos, names, colors, icons, service marks and other intellectual property rights displayed on the website as protected by law.
2.2. No one may alter, delete, destroy, falsify, copy, disclose, display, or move without authorization, or use for commercial or public purposes, any part or the whole of these materials, without the prior written consent of HiTech Cloud Pho Tue SoftWare Solutions JSC. Such use is lawful only if it meets all of the following criteria:
a. For the purpose of transacting with HiTech Cloud Pho Tue SoftWare Solutions JSC.
b. When using this content, you must cite the source and retain the link to the original website or document of HiTech Cloud Pho Tue SoftWare Solutions JSC, preserve the integrity of the information, and respect the intellectual property rights of HiTech Cloud Pho Tue SoftWare Solutions JSC over the intellectual assets on this website.
Article 3: Acts prohibited when accessing the website and/or using the services:
3.1 You use the purchased service for any purpose, or in any manner, that violates Vietnamese or international law
3.2 You use the service in a way that harms, or may harm, minors in any form.
3.3 You send, link to or relay data that is unlawful, prohibited from distribution by the State, or that threatens, incites, defames, deceives, incites hatred, undermines national unity, offends public morals, is pornographic, damages the honor or reputation of an individual or organization, or discloses state, military, security, economic, foreign affairs or other secrets protected by law, in any form prohibited under Vietnamese and/or international law.
3.4 You store or distribute data that could constitute or encourage a violation of the law, or engage in conduct that infringes copyright or intellectual property rights, breaches trade secrets, or infringes on the lawful rights of other individuals or organizations.
3.5 You upload, post, email, transmit, or otherwise make available any material containing software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer hardware or software, or telecommunications equipment.
3.6 You commit fraud or act in breach of this agreement or of the relevant provisions of law in relation to the websites and addresses of service providers affiliated with us.
3.7 You impersonate any other individual or organization, including but not limited to any officer, forum manager or moderator, guide, or employee of Hi-Tech Cloud, or make false statements or otherwise misrepresent your affiliation with an individual or organization.
3.8 You use the Services (Web Hosting, Email Plus and similar) beyond their resource limits, or in breach of the rules Hi-Tech Cloud sets for each Service type in the Final Terms.
3.9 You obstruct or disrupt the service, or other people's use of the service, the servers or the networks linked to the service; or you fail to comply with the requirements, procedures, policies or rules of the networks connected to the service.
3.10 You breach the anti-spam rules under Decree 90/2008/ND-CP (Nghị định 90/2008/NĐ-CP) of the Government dated 13 August 2008 on combating spam, or under any legal instrument in force at the time the spam is sent (http://www.vncert.gov.vn/files/90-2008ND-CP.doc)
3.11 You breach the current regulations of the Ministry of Information and Communications, or the current provisions of Vietnamese law on unlawful conduct on the internet.
3.12 You misuse the ICANN or Hi-Tech Cloud logo on your website, or hold yourself out as an ICANN-accredited registrar without ICANN's authorization.
3.13 If we discover that you have accessed or used the website unlawfully, we may immediately terminate this agreement and/or your access to the website at any time without prior notice, and require you to compensate for any damages incurred.
Article 4: Rights and obligations of the customer
4.1 As a customer, you have the full rights and obligations of a party hiring services, as provided in the Civil Code (Bộ luật Dân sự) and the Commercial Law of Vietnam (Luật Thương mại) and in other relevant provisions of law.
4.2 You must have the legal standing and capacity required by law to enter into a contract with Hi-Tech Cloud. You confirm that you are not a person lacking or restricted in civil capacity, not bound by a third party, not subject to a judgment or decision of a competent state authority, and not prohibited from entering into civil transactions relating to Hi-Tech Cloud's services. You further confirm that you will not use information belonging to, or infringe the rights of, any third party when registering for Hi-Tech Cloud services, when providing information to Hi-Tech Cloud, or when using the services you have registered, unless that third party has given permission — and that you accept sole responsibility for any unauthorized use of such information.
4.3 You must provide the information requested once Hi-Tech Cloud issues a verification request, and you are legally responsible for the purpose for which the information is used and for its accuracy. You must ensure that registration and use of the service comply with the law and do not infringe the lawful rights and interests of other organizations or individuals. If your information changes and you do not notify Hi-Tech Cloud within 07 days of the change, or you do not respond to a Hi-Tech Cloud verification request within 15 days of receiving the notice, Hi-Tech Cloud may suspend or cancel your registration.
4.4 You directly manage and maintain the right to use your services, and you are solely responsible for any consequences arising from a breach of the service usage rules or from lax management on your part. You must provide truthful and complete information about any parties you have authorized within 07 days of being asked. Responsibility for damage caused by improper use of a domain name will be determined on the basis of the information you have provided to Hi-Tech Cloud. You must therefore undertake to provide accurate third-party information and to have obtained that third party's permission for the information referred to in clause 3.5.
4.5 Theo Circular 24/2015/TT-BTTTTamended and supplemented byCircular 06/2019/TT-BTTTTRegulations on the management and use of Internet resources issued by the Ministry of Information and Communications, and the terms of use for international domain names ofICANN, you need to provide information relating to your personal data.
Information that must be provided (such as: name and organizational form; contact address; phone number, fax, and email; the ID card/passport/citizen ID number of the registrant, the domain administrator, the technical contact, the billing contact, and the legal representative if the registrant is an organization), and nameserver information (primary and secondary).
Hi-Tech Cloud receives and stores information relating to the data subject's personal data, and discloses it to relevant parties only on request from the competent authorities.
While using and maintaining the service, you may submit a request to Hi-Tech Cloud to change the information above. If the registrant's details change, the service user must notify Hi-Tech Cloud in writing within 7 days of the change, so that the information remains accurate and complete. Hi-Tech Cloud accepts no legal liability, no obligation to compensate and no joint liability for any consequence or damage arising from your failure to comply with this requirement.
4.6 Within 10 days of successfully registering for the service, you must send the following documents to Hi-Tech Cloud: one (1) service contract and one (1) photocopy of the national ID card for individual registrants, or one (1) original service contract bearing the company seal for organizational customers, together with any other reasonable documents Hi-Tech Cloud may require. If the documents are not submitted within that period, the registered service will be suspended without refund. The service will be restored only if you submit the documents to Hi-Tech Cloud and no changes have been made to the service details registered in the system. Hi-Tech Cloud cannot and will not be liable for any legal consequences, and has no obligation to compensate or share liability for any loss or damage arising from your failure to comply fully and diligently with this provision.
4.7 If the customer is a business or organization, you and your authorized staff are responsible for keeping password and account information confidential, and are jointly responsible for activity carried out using your password or account.
4.8 Any dispute arising from or relating to the use of a domain name will be resolved through conciliation and negotiation. If the Parties cannot resolve the dispute through negotiation, either Party may refer it to a competent court under Vietnamese law. You are responsible for indemnifying and holding harmless the relevant parties of Hi-Tech Cloud against any claims, liabilities, costs and losses arising from or relating to the registration and use of your domain name. You are responsible for maintaining (1) the confidentiality of your account password, and (2) all activity that occurs on or through your account. If your password or account is used without authorization, you must notify us immediately and change your password promptly to protect your information. Hi-Tech Cloud may close your account at any time if necessary for information security reasons. Hi-Tech Cloud cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this provision or from unauthorized access to your account.
4.9 You are solely responsible for all content stored on Hi-Tech Cloud servers.
4.10 You are solely responsible for applying measures to prevent any damage to or destruction of the website content or the server's resources.
4.11 You understand and agree that Hi-Tech Cloud backs up its hosting services for the purpose of recovering from technical, infrastructure and hardware failures, not for the purpose of providing copies to customers. You are therefore responsible for regularly backing up all of your data stored on Hi-Tech Cloud servers and keeping those backups safe. Backups can be taken using the tools Hi-Tech Cloud provides (cPanel, Plesk or the control panel). Hi-Tech Cloud accepts no responsibility whatsoever for any loss, damage or error relating to your data.
4.12 You are responsible for keeping your own login credentials secure when using services at Hi-Tech Cloud. This includes: the service administration account ID (at my.photuesoftware.vn), the Control Panel, email accounts and so on.
4.13 You are responsible for complying with the rules and policies on software licensing, copyright, invention and patent rights, and the like, when using services at Hi-Tech Cloud.
4.14 You understand and accept that We may contact you directly by means including but not limited to email, SMS, automated calls (autocall) and pre-recorded calls, for the purposes of notification, consultation, marketing, support, promotional information, news, documentation and service guides. You also acknowledge and agree that our sending you email does not constitute spam. In addition, your calls may be recorded so that we have a basis for quality monitoring and service improvement, and you consent to this.
4.15 How to opt out of communications from Hi-Tech Cloud:
- We run advertising, marketing, and news campaigns to support our business, send promotional information, and share useful knowledge with users. You can ask us to stop sending you this information by:
- Click the option “Unsubscribe” or “Unsubscribe” in the body of the email you receive.
- Create a request (ticket) from the service management page (thehttps://my.photuesoftware.vn). Please see how to create a request here.
- When you request to unsubscribe, you understand and agree that:
- You may no longer receive important information.
- We will try to remove your subscription details from every list, but some may be missed, so you might still receive messages in certain categories.
- Certain itemsrequiredthe following cannot be unsubscribed from, including but not limited to:
- Service registration or renewal notices.
- Notice regarding the Terms of Service.
- Scheduled maintenance notices.
- Service guides and support.
- Resource and security alerts.
- Urgent notices.
4.16 You are solely responsible for all of your content stored on the infrastructure provided by Pho Tue SoftWare Solutions JSC
4.17 As a customer, you have all the rights and obligations of a service user under the law.
4.18 You must have the legal standing and capacity required by law to enter into a contract with us. You undertake not to use the information of, or infringe the rights of, any third party when registering for our services, when providing information to us, or when using the services you have registered, unless that third party has given permission — and you accept sole responsibility for any unauthorized use of such information.
Article 4: Rights and responsibilities of Hi-Tech Cloud
4.1 As a service provider, Hi-Tech Cloud has the full rights and obligations of a supplier of services as provided in the Civil Code (Bộ luật Dân sự), the Commercial Law (Luật Thương mại) and other relevant provisions of law.
4.2 Hi-Tech Cloud undertakes to support customers in using the products and services it supplies, for as long as the customer uses Hi-Tech Cloud services. All of your rights and obligations are based on the account information you have registered; if any of that information is inaccurate, Hi-Tech Cloud accepts no liability where the inaccuracy affects or limits your rights, and will not take it upon itself to change your data if the information you provided is unsuitable or incorrect.
4.3 Receive and resolve customer complaints relating to the service or service quality arising during the use of Hi-Tech Cloud's products and services, provided that the customer has supplied complete, truthful, and accurate information — as set out in Clause 3 above.
4.4 Hi-Tech Cloud is responsible for taking preventive measures to protect data against loss, misuse, unauthorized access, or destruction. Hi-Tech Cloud is entitled to require you to cooperate in verifying information if it suspects the information provided is inaccurate or that information has been falsified.
4.5 Depending on the severity and nature of the customer's violation, Hi-Tech Cloud is entitled to unilaterally suspend, cancel, or terminate provision of the Service under Article 7 of this policy, and/or refer the matter to the competent authorities for resolution in accordance with applicable law.
4.6 Hi-Tech Cloud has the right to unilaterally suspend, cancel or terminate the provision of services to any customer where it finds that a service risks affecting the system and affecting other customers.
Article 5: Payment rules
5.1 By ordering the service, you agree to follow our payment instructions here:https://hitechcloud.vn/huong-dan-thanh-toan. Hi-Tech Cloud cannot and will not accept liability, and has no obligation to compensate, for any consequence or loss arising from your failure to comply fully with these payment rules.
5.2 Hi-Tech Cloud will issue an electronic invoice once payment has been received in full and the service has been activated successfully.
Article 6: Service renewal rules
6.1 You, or the service administrator you designate (for businesses and organizations), are responsible for actively monitoring the operational status and expiry dates of the products and/or services you have registered with Hi-Tech Cloud.
6.2 A service is renewed only once Hi-Tech Cloud has received the service fee in full. Renewal is completed within 1 working day of Hi-Tech Cloud receiving the full renewal fee.
6.3 The Customer shall contact Hi-Tech Cloud and complete renewal and payment of service fees in accordance with the following:
· “.VN” and international domains – renewal fees and services are payable 10 days before the expiry date.
· Server-based hosting services (Cloud hosting, Cloud Server, Email, colocation, Dedicated Server hosting, email server hosting, connectivity, rack rental) – service fees are payable 7 days before the expiry date.
· Software license leasing – service fees are payable 7 days before the expiry date.
· SSL service – pay the service fee 10 days before the expiry date.
· All other services not listed above – service fees are payable 10 days before the expiry date.
6.4 The Auto Renew feature, if you use it in the management portal at client.hitechcloud.io.vn, is only a channel that Hi-Tech Cloud has built to help you manage service renewals proactively; it remains subject to all of the provisions of this Article 6.
6.5 Hi-Tech Cloud cannot and will not be liable or provide compensation for any consequence or damage arising from your failure to comply with this provision.
Article 7: Suspension and termination of service use
7.1 Services provided by Hi-Tech Cloud terminate or are suspended automatically by agreement between the two parties or on expiry of the contract.
7.2 Hi-Tech Cloud may suspend performance of the contract or unilaterally terminate the service contract in the following cases:
7.2.1 You breach the rules set out inFinal article: terms of serviceof the Hi-Tech Cloud ToS while using our products and services.
7.2.2 You fail to cooperate or to supply the additional documents required under Article 3.6 of these Hi-Tech Cloud ToS.
7.2.3 You fail to renew and pay overdue service fees to Hi-Tech Cloud within 7 days of the service expiration date. Hi-Tech Cloud is not responsible for resolving cases of unpaid fees or late payment as described above.
7.3 Before terminating your service, you are responsible for migrating all data stored on Hi-Tech Cloud servers yourself. We will not transfer or FTP your data to another provider. If you do not move your website or server data off our systems before the service ends, that data will be deleted and we will not be able to provide a backup copy of it.
7.4 For trial or free services: as soon as the service ends, all such products and any accompanying services and data are deleted or reclaimed.
7.5 Any service that infringes copyright policy or whose website content falls into a category prohibited by Vietnamese or international law.
7.6 Any service used for spam, hacking, traffic tools, phishing,… that affects the system.
7.7 Any website or service running on the platform that engages in trading or sharing game accounts or accounts for other services in breach of copyright and/or the law, in a way that could affect the platform.
Article 8: Rules on adding to and amending customer details while using the service
8.1 Changes to customer information are made within 24 hours from the time Hi-Tech Cloud receives the amendment request by email at info@hitechcloud.vn. Hi-Tech Cloud cannot and will not be liable, nor pay compensation, for any consequence or loss arising from your failure to comply with this requirement.
8.2 The details that can be amended or corrected are:
8.2.1 The registrant or the registrant's details (contact address, phone, name and so on) are incorrect or incomplete.
8.2.2 Service specifications do not match the description on hitechcloud.io.vn
8.2.3 The domain name registered is incomplete or incorrect.
8.2.4 Another service term is incorrect.
8.2.5 You have paid and provided complete registration details but have not received confirmation that the service was successfully ordered.
Article 9: Customer support
9.1 Hi-Tech Cloud is not responsible for responding to inquiries or complaints from third parties relating to your use of the service. Hi-Tech Cloud is also not responsible for responding to inquiries or complaints regarding issues related to third-party services you use.
9.2 Hi-Tech Cloud provides technical support services to your designated administrator in accordance with the support policy applicable to the Service.
9.3 Before submitting a technical support request, you are responsible for backing up your data, attempting to fix the issue yourself, and checking technical, functional, and network connection issues, among others. Hi-Tech Cloud only accepts technical support requests through 2 channels: the support email info@hitechcloud.vn and the ticketing system on the website:https://client.hitechcloud.io.vn
Article 10: Limitation of liability and disclaimer of warranties
10.1 In all cases, Hi-Tech Cloud is not responsible for the equipment you use to access our website, whether access devices or transmission equipment. To use the service you must provide the machines and equipment needed to log in and transmit data, and you bear all responsibility and all costs arising from that use.
10.2 Hi-Tech Cloud does not guarantee the elimination of factors that could harm your use of the service, including but not limited to: deliberate, damaging acts by third parties, or viruses. We do not guarantee that the service will be provided free of any malfunction, dysfunction, or other disruptive issue.
10.3 Hi-Tech Cloud does not undertake to recover data infected by a virus, or to remove viruses and other harmful elements, when a problem occurs. Customers must agree to back up all data stored on Hi-Tech Cloud servers regularly, and particularly before requesting technical support from us. Hi-Tech Cloud accepts no responsibility for data loss or for any damage relating to customer data.
10.4 Hi-Tech Cloud gives no warranty and accepts no liability for any data loss occurring while it assists a customer in migrating data from another server or another location to a Hi-Tech Cloud server.
10.5 Hi-Tech Cloud will not install SSL on request in the following cases:
10.5.1 Your SSL certificate is not a service registered with Hi-Tech Cloud.
10.5.2 Your SSL digital certificate is registered with Hi-Tech Cloud, but you request technical support to install it on a system that is not hosted at Hi-Tech Cloud (Cloud Hosting, Cloud Server, Email).
10.5.3 Installing SSL inside a Cloud Server that is not covered by one of our premium support plans.
10.6 Factors beyond our control may cause a product fault. We will try to fix product faults to your satisfaction, but we are not liable to support or compensate you for such risks or for any resulting loss.
10.7 You agree to defend, indemnify, and hold us harmless from legal obligations, proceedings, losses, and costs, including but not limited to court fees and the fees of lawyers and expert advisers, relating to the resolution of, or arising from, your breach in the course of using our products.
10.8 You understand and agree that We will not be liable for any damages or consequential losses (including but not limited to loss of profit, loss of goodwill, loss of use of data or other intangible losses, even where We have advised you of the possibility of such losses) arising from: (i) the services, materials and products of Hi-Tech Cloud; (ii) the availability or unavailability of the service; (iii) unauthorized access to or alteration of data or information you transmit; (iv) the acts of any third party on the service; (v) products or messages sent or received using the service; or (vi) any other matter relating to the service, the materials or the products.
10.9 Under ICANN policy, you agree to accept the procedures for suspending, cancelling, or transferring a domain name in the following cases: (1) resolution of a dispute relating to domain registration, or (2) correction or supplementation of information due to an error made by Hi-Tech Cloud or the Registry in the course of domain registration.
10.10 You understand and agree that we accept no responsibility for the data on the service after a backup has been restored at your request through the ticket system. Where backup is included with the service at no additional charge, it is performed on the backup cycle applicable to each service type. We do not warrant that every backup version is accurate as at the point in time requested by the customer.
Article 11: Customer information security
Hi-Tech Cloud respects your privacy and handles your information seriously. We will collect and use your information in line with the Privacy Policy set out here:https://hitechcloud.vn/thoa-thuan-bao-mat-thong-tin
Article 12: Free services
Within the limits permitted by law and its operating strategy, Hi-Tech Cloud may provide one or more services to users free of charge. The scope of any free service is at Hi-Tech Cloud's discretion.
All intellectual property rights subsisting in Hi-Tech Cloud's products and services belong to Hi-Tech Cloud or are validly licensed to us, and all lawful rights are reserved. Except with Hi-Tech Cloud's consent, you may not upload, send, publish, reproduce, transmit or distribute, in any form, any part of Hi-Tech Cloud's products or services.
Where files, images, software or programs created by Hi-Tech Cloud are made available for download, we permit you to use them on a limited, non-commercial basis. That permission does not mean Hi-Tech Cloud has granted you any right to exploit the copyright. You may not download the files in order to reproduce, publish, announce, transfer or distribute them. You must also follow any other instructions we set when you wish to use these files.
Users are solely responsible for any information they obtain when visiting the website. We make no warranty as to the source, accuracy, or completeness of that content.
You may stop using our Services at any time. Hi-Tech Cloud will keep changing and improving its Services. We will give you reasonable advance notice of any change to, or improvement in, the functionality of our services.
Article 13: Refusal of service
We reserve the right to refuse service to any customer whose use we determine may affect the operation of the system.
Article 14: Service trial:
We do not offer service trials. To use a service you must place an order and pay for it. If you are not satisfied with the service, we will refund you provided you meet the conditions we set out in refund policy.
Final provisions: terms of service
The rules and policies set out in these terms are designed to protect the rights of users acting in good faith, and to support service quality and long-term stability. They are also intended to prevent abuse and unlawful behavior.
By ordering the service, you agree to and will comply with the terms of service set out in the sections below:
- Domain regulations
- General rules for hosting services
- Hosting Service Terms of Use
- Terms of Service for VPS / Dedicated Server
- Email Terms of Service
- Cookie Usage Agreement
- Agreement for registering and using international domains
- Agreement for registering and using .vn domains
Last updated: 30/06/2024
