COMPLAINTS REGARDING INTELLECTUAL PROPERTY RIGHTS TERMS

Complaints Regarding Intellectual Property Rights Terms ("IPR Complaint Terms") issued by Vi Na Data Information Technology - Services Joint Stock Company ("VNG Cloud") in order to protect the intellectual property rights ("IP") of the organization(s) and individuals and promptly prevent acts of using services provided by VNG Cloud to infringe the IP rights of any party.

IPR rights specified in this provision are understood as the rights of the organizations and individuals to intellectual property, including copyright and copyright-related rights, industrial property rights and rights to varieties plants under the 2005 Intellectual Property Law as amended and supplemented in 2022 and guiding documents ("IP Law").

These IPR Complaint Terms are effective from the date of posting on VNG Cloud's website and may be adjusted and updated from time to time.

  • 1. Notice of Complaint:

    VNG Cloud always respects IP rights and complies with IP laws. In addition, VNG Cloud understands the importance and value of IP rights for each IP right holder. Therefore, if You (the "Plaintiff") have sufficient legal and reasonable grounds to believe that the Customer using the services provided by VNG Cloud has an act of infringing on Your IP rights (the "Defendant") then please send a Notice of Complaint to VNG Cloud HERE.

    Your Notice of Complaint sent to VNG Cloud must include the following information and documents that are legal, valid, recognized and valid for use in Vietnam:

    • 1.1.
      • Business information or personal information of the Plaintiff and supporting documents, specifically:
      • (i)For businesses: business name, business code, head office address, contact information (phone number, email, address) and attach the Certificate of Business Registration or other valid documents equivalent.
      • (ii)For individuals: full name, phone number, contact address and attach ID card or Passport.
    • 1.2.
      • Documents proving that the Plaintiff is the owner of the IP right or the organization or individual that the owner has transferred the IP right (the "IPR Holder") in accordance with the provisions of IP law and relevant regulations.
      • In case the Plaintiff is the authorized representative of the IPR Holder, in addition to the above document proving the IPR Holder, the Plaintiff must provide a legal, valid authorization document that is recognized and used in Vietnam.
    • 1.3.The written analysis/evidence of the Defendant's act of infringing IPR rights and documents and artifacts that are evidence to prove that the Defendant has committed an act of infringing IP rights in accordance with the provisions of IP law.
    • 1.4.
      • Originals of the above documents must be sent to:

      • Vi Na Data Information Technology - Service Joint Stock Company

      • Address: Lot S38B-39-40, Street No. 19, Tan Thuan Export Processing Zone, Tan Thuan Dong Ward, District 7, City. Ho Chi Minh, Vietnam

      • Phone number: 1900 1549 - Number key 3

    • 1.5.
      • The information and documents You have provided under this Article are for the purpose of resolving Your Complaint and VNG Cloud is only an intermediary. Therefore, the fact that You send the Notice of Complaint with documents to VNG Cloud also means that You agree to allow VNG Cloud to have the right to provide, share and transfer the information and documents that You have provided to Defendant and/or the relevant third party to resolve Your complaint.
  • 2. Receiving and handling complaints from VNG Cloud:
    • 2.1.
      • Time to confirm receipt of complaints: VNG Cloud will receive complaints since receiving the original documents mentioned in Article 1 above. VNG Cloud will send a confirmation of complaint receipt to the email you provided.
      • If the documents you provide are not legal, invalid or incomplete, VNG Cloud will ask you to supplement, complete the profile or provide more information. In case You do not respond or provide information as requested by VNG Cloud, the complaint settlement will be terminated.
    • 2.2.If the documents you provide are legal, valid and complete, VNG Cloud will forward the complaint information and documents you provide to the Defendant to get Defendant's feedback. In case Defendant has feedback, VNG Cloud will send that feedback to You for You to have your opinion and choose the appropriate handling method. In case You continue to want to respond to Defendant through VNG Cloud, VNG Cloud is ready to act as an intermediary to relay information between the parties in accordance with this Article.
  • 3. Customer Responsibilities
    • 3.1.
      • VNG Cloud always values the relationship and wishes to have long-term cooperation with customers, but compliance with the law still needs to be a top priority. Therefore, VNG Cloud is eager to cooperate with the parties to resolve complaints and contribute to the protection of the IP Rights of organizations and individuals.
      • Therefore, in the event that Customer is the Defendant under these IPR Complaint Terms and Customer receives a written warning and request for information from VNG Cloud, Customer is responsible for responding and providing information to VNG Cloud within 24 hours of receiving a request from VNG Cloud via the email registered by the Customer.
    • 3.2.
      • In case the Customer fails to fulfill the request to provide information within the time limit specified in Article 3.1, VNG Cloud will apply the provisions of the Service Term Agreement and VNG Cloud's policies from time to time to handling, which includes discontinuing the provision of services to the Customer.
  • 4. VNG Cloud's anti-abuse and disclaimer terms:
    • 4.1.
      • Plaintiff's responsibilities in case of abuse of the complaint procedure:
      • Plaintiff agrees that the abuse of this complaint procedure may affect the legitimate rights and interests of VNG Cloud, Defendant and/or any other third party.
      • Therefore, if You abuse IP Rights protection procedures and cause damage to VNG Cloud and/or any other third party, You must indemnify VNG Cloud, Defendant and any other third party for all damages caused to VNG Cloud, Defendant and/or third party damages caused by abuse, including reasonable costs of hiring an attorney.
      • At the same time, in addition to the above compensation, if You abuse this complaint, VNG Cloud will refuse to handle Your complaint in the future.
    • 4.2.
      • VNG Cloud's Disclaimer:
      • VNG Cloud is only an intermediary service provider and does not have to monitor its own service or actively seek evidence of infringement. Therefore, VNG Cloud's handling of IP Rights complaints is approximate and based on documents and information provided by the parties. Therefore, VNG Cloud will be exempted from liability in case the complaint handling decision of VNG Cloud is not consistent with the conclusion of the competent state agency.
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