Service Term Agreement (Update)

This service agreement ("Agreement") covers the terms, conditions and regulations on the use of the services provided by Vi Na Data Information Technology – Service Joint Stock Company. ("VNG Cloud") and Client or the Legal Entity, organization or business they represent.

To use any services provided by VNG Cloud, Clients needs to agree to all terms and conditions of this Agreement; In case that clients do not agree to any terms of this Agreement, You will need to immediately stop using VNG Cloud's services, delete and delete all programs and data on your system VNG Cloud.

In the event of any conflict or inconsistency between the terms and conditions of this Agreement and the Service Agreement or any documents signed and sealed between the authorized representative of VNG Cloud and You, or the entity represented by You, the terms of that Service Agreement apply.

VNG Cloud reserves the right to amend and supplement any and all content of this Agreement at any time without prior notice or prior approval.

  • Article 1. ACCOUNT AND LOG IN
    • 1.1.To use VNG Cloud's services, you need a valid login account, which is initialized in accordance with VNG Cloud's regulations.
    • 1.2.You will bear full responsibilities, including legal responsibility and before the law, for all activities and behaviors performed through the account during the use of the service. In the event of any loss or damage arising from your account information and / or password disclosed, VNG Cloud will not be liable to indemnify You.
    • 1.3.You understand and agree that, in order to avoid loss or tamper with the account unintended (such as hacking), you will not disclose (whether accidentally or intentionally) information about the account. Your password is used to log into the system of VNG Cloud for any party / person, including your relatives; At the same time, take reasonable measures to secure your account. In any event, You notice or suspect that your account was recorded at will or your password is exposed, You may (i) immediately change your password and / or (ii) inform notify VNG Cloud and carry out necessary procedures to temporarily lock your account to minimize damage to You according to VNG Cloud's customer complaint process.
  • Article 2. COLLECTION, USE AND PROTECTION OF CUSTOMER INFORMATION
    • 2.1.In accordance with the laws of Vietnam and to best support you with your account and services, when creating your account, you need to provide the following information to VNG Cloud:
      • (a)In case you're an individual: (i) Full name; (ii) Nationality; (iii) Day of birth; (iv) Identification Of People / Citizen Identity Cards / Passport / Passport Date; (v) Permanent residence address; (vi) Contact address; (vii) Email (email); (viii) Mobile number.
      • (b)In case you are the representative of the juridical person, organization, business: (i) The name of the juridical person, organization, enterprise; (ii) Business license, tax code number; (iii) Registry address; (iv) Business address; (v) Legal representative, Title; (vi) Position; (vii) Email account using the service; (viii) Admin account name; (ix) Admin account mobile number.
    • 2.2.In order to ensure Your legal rights and interests, You need to provide accurate identification information to VNG Cloud; in the event that the information provided by you is incomplete and / or inaccurate, VNG Cloud reserves the right to refuse to accept, resolve any claims of You and / or refuse to provide services to You, including all cases You have paid in advance for VNG Cloud; In this case, the prepaid service fee will not be refunded.
    • 2.3.VNG Cloud is committed not to sell, rent or share your information with any party; except when required to provide information required by law, at the request of a Court and / or competent State Authority.
    • 2.4.VNG Cloud will apply the necessary technical, security and confidentiality measures in accordance with the law and according to the quality statements and commitments of VNG Cloud to keep your personal information secure. However, the risks associated with the provision and security of personal data, whether provided directly, over the phone or via the internet or through technical means, are always potential and NO ANY TECHNICAL SYSTEM OR SECURITY MEASURES, SECURITY IS ABSOLUTELY SAFETY or can be against all "hackers", "tamper" (unauthorized intruders to search for information); Therefore, in the event that your personal information is disclosed due to hacking or other causes beyond the control of VNG Cloud, You hereby agree to waive VNG Cloud of all related responsibilities.
    • 2.5.VNG Cloud will use Your information that VNG Cloud collects to send to You (i) information about promotions, special offers, important events of VNG Cloud (email marketing , promotional email); (ii) notices on maintenance, upgrade of servers and systems of VNG Cloud to improve service quality and customer support; (iii) notice of service charges, remaining service capacity (or nearing end); (iv) information exchanging and answering questions and complaints of customers during the use of VNG Cloud's services. You hereby irrevocably agrees that, VNG Cloud has the right to use corporate’s trade name, brand name, corporate image to introduce as VNG Cloud's partners and promote VNG Cloud's services.
    • 2.6.All your information will be stored in the database of VNG Cloud, stored at VNG Cloud from the time You provide until at least two (2) years after You stop using all VNG Cloud's services and fulfill all Your obligations to VNG Cloud.
  • Article 3. SERVICES OF VNG Cloud
    • 3.1.When you have agreed and compliance with Vietnamese law and this agreement, VNG Cloud gives you exclusive rights, cannot transfer, transfer to use the services, systems, infrastructure of VNG Cloud in the term of the agreement.
    • 3.2.The services that VNG Cloud may provide to You include all services that are publicly disclosed by VNG Cloud at https://vngcloud.vn and are amended and supplemented from time to time (Services).
    • 3.3.To use the VNG Cloud Service, you need to create an account, register for the service according to VNG Cloud's instructions and make a full payment to VNG Cloud.
  • Article 4. OPERATION AND MAINTENANCE OF VNG Cloud SERVICES
    • 4.1.VNG Cloud is responsible for operating and performing the work necessary to provide and maintain the Service in accordance with VNG Cloud's service quality announcement at the website https://vngcloud.vn/commitment-to-quality-service, including the regular maintenance of physical server systems and equipment for data center operation.
    • 4.2.To avoid misunderstandings, maintenance and repair (if any) will not include repair of services provided by third parties, except troubleshooting of programs installed by You. are placed on virtual servers, operating system services, network services and force majeure cases.
    • 4.3.In case maintenance requires the suspension of service (for example, the restart of physical servers), VNG Cloud is responsible for giving you a notice in a reasonable time and ensuring the time. Interruption of Service in accordance with the Service Commitment.
  • Article 5. PROHIBITED ACTS
    • 5.1.Take advantage of providing and using the Services to:
      • (a)Against the State of the Socialist Republic of Vietnam; harming national security and social order and safety; undermining large blocs of national unity; propaganda war, terrorism; causing hatred and conflict among nations, peoples and religions;
      • (b)Propagate and incite violence, lust, depravity, crime, social evils, superstition, and destroy national traditions and customs;
      • (c)Disclose state, military, security, economic, external and other secrets as required by law;
      • (d)Distributing information that misrepresents, slanders, insults the reputation of an organization, honor and dignity of an individual;
      • (e)Advertise, propagate and trade in prohibited goods and services; disseminating prohibited journalism, literature, art and publishing;
      • (f)Forging organizations and individuals and spreading false, untruthful information that infringes upon the legitimate rights and interests of organizations and individuals.
    • 5.2.Illegally obstructing the provision and access to legal information, the provision and use of legal services on the Internet by organizations and individuals.
    • 5.3.Illegally obstructing the operation of the ".vn" Vietnamese domain name server system, the lawful operation of equipment systems providing Internet services and online information.
    • 5.4.Illegally using passwords, cryptographic keys of organizations or individuals; Private information, personal information and Internet resources.
    • 5.5.Creating illegal paths for legal domain names of organizations and individuals; create, install and distribute malware, computer viruses; illegally entering, hijacking information systems, creating attack tools on the Internet.
    • 5.6.Infringing upon copyright, intellectual property rights of any organization or individual.
    • 5.7.Other prohibited acts as prescribed by Vietnamese law.
  • Article 6. USE OF YOUR SERVICES
    • 6.1.You are responsible for self-administering and keeping Your account login information confidential to use the Service and are responsible for all actions performed by this account.
    • 6.2.You represent and warrant that You will use the Services only for Your own business and / or other legal activities; and in order to carry out and carry out these activities, You have obtained the necessary License as well as necessary approval from the authorized State Agency in accordance with the law of Vietnam.
    • 6.3.You represent and warrant that You will not use the Service to perform any Prohibited Behavior. In case You use the Service to perform any Prohibited Behavior, VNG Cloud reserves the right to immediately stop providing the Services to You, lock your account, freeze all data and information You contain. stored at VNG Cloud and transferred to competent State bodies for handling according to law provisions; The entire service fee that you have prepaid for VNG Cloud will not be refunded in any way.
    • 6.4.Except for software, applications provided by VNG Cloud to You and the Services of VNG Cloud, You hereby undertake and warrant that, all software and applications that You install and use on the infrastructure floors, services of VNG Cloud are fully copyrighted from that Developer or Distributor of such software or applications. In case, the software, applications that you use on the system, infrastructure of VNG Cloud or software, applications connected to the infrastructure, services of VNG Cloud do not have full copyright. , potentially unsafe system and / or at the request of the copyright owner, VNG Cloud will have the right to suspend the provision of services to You without penalty or compensation for any money. Come on for you.
    • 6.5.In case of force majeure event and/or unexpected incident, You are responsible for cooperating and coordinating with VNG Cloud to resolve, fix to ensure the service quality and / or reduce potential damage to You. In case You do not cooperate and coordinate with VNG Cloud to resolve, fix incidents and/or force majeure event, VNG Cloud will be exempt from all liabilities, including any related liability and/ or liability to indemnify, penalize for any damage or interrupt service.
  • Article 7. RESPONSIBILITIES FOR YOUR DATA AND INFORMATION
    • 7.1.You agree that VNG Cloud is only a service provider of technical platforms, all information and data are included, transmitted, distributed (hereinafter referred to as "Data") operated by You ( via your account). You hereby warrant and warrant that:
      • (a)You are the legal owner and / or legally licensed of all Data Imported, transmitted via the use of the VNG Cloud Services.
      • (b)All Data entered and transmitted through the system, VNG Cloud Services will (i) contain no content that violates the law, contrary to the fine customs and practices of Vietnamese people; (ii) do not infringe the copyrights, intellectual property rights of any other third party; (iii) does not contain computer viruses, worms and / or software, applications that harm the user and / or create windows against the user's wishes.
      • (c)In the event that You use the CDN service, You agree to irrevocably, unlimited geographic authorization, during the period of use of the service for VNG Cloud is entitled to, transmit, backup Customer Data For other ISPs (Internet Service Providers) and VNG Cloud are reauthorized for these ISPs to automatically reload your Data on each ISP.
    • 7.2.In case VNG Cloud detects and / or receives any complaints, warnings or requests from any third party related to the use and distribution of Data in violation of the above commitment, Vindadata will transfer all set of complaints, warnings, and requests for You. You undertake to receive and handle these complaints within a reasonable time and will take all reasonable measures to ensure that VNG Cloud will not be responsible for any related liability. If You do not accept or accept without processing or VNG Cloud has a reasonable basis to believe it is a serious breach, VNG Cloud reserves the right to unilaterally stop providing the Services to You without prior notice. until the complaints are processed. Unless You request to terminate the Services ahead of time and comply with the suspension provisions of VNG Cloud, You are still obligated to pay all costs incurred in connection with the Service during the period when the Service is suspended due to the above complaints.
    • 7.3.VNG Cloud is committed to and guarantees that all Your Data will be kept confidential and fully protected in accordance with VNG Cloud's common standards. VNG Cloud will not provide or disclose Your Data to any third party except at the request of the Court, competent State authorities and as prescribed by law; In this case, VNG Cloud will notify you in a reasonable time upon receipt of notice from the Court, competent state agencies.
    • 7.4.To ensure the best security for Your Data, depending on the product / service that the You choose to use, You needs to cooperate and follow all requests and responsibilities that are specifically instructed at Here which can be updated, amended and supplemented from time to time.
  • Article 8. PAYMENT
    • 8.1.Subject to the agreement between You and VNG Cloud, payment for Service fee may be made before or after the Service is created.
    • 8.2.

      In case of prepayment: The Services You have requested will be initiated after You fulfill your payment obligation. Any amount you prepay for VNG Cloud will not be refunded under any circumstances.

      Certain types of specific services may run out of traffic before Your forecast period; In this case, you need to pay for additional services before the traffic runs out to avoid service disruption.

    • 8.3.In case of the following payment: You need to pay VNG Cloud on time as agreed with VNG Cloud; In the event that You delay payment, VNG Cloud may suspend the provision of Services to You without being liable to You; Besides, You will have to pay additional interest for VNG Cloud which is 0.3% of the total amount of late payment for each day (calendar) of late payment until VNG Cloud receives full payment amount. and interest from You.
    • 8.4.In some cases, VNG Cloud may require You to make a deposit to secure the payment; This escrow amount will be used to offset the Services You have used but have not fulfilled its payment obligation to VNG Cloud. The deposit will be refunded to You after You have completely stopped using VNG Cloud Services and You have fulfilled all obligations with VNG Cloud, especially financial obligations.
    • 8.5.Invoice: VNG Cloud will issue a valid financial invoice in accordance with the law, according to the information provided by You, and after 30 (thirty) days from the date You complete the payment to VNG Cloud.
  • Article 9. UNRESPONSIVENESS
    • 9.1.For the purposes of this Agreement, an Force Majeure Event means any event which occurs beyond the expectation and control of a Party, directly affecting the performance of the obligation. of each Party within the scope of this Agreement, including, but not limited to, any act of war or other actions of military force, terrorism, riot, civil violence, vandalism , vandalism, action or restriction by government or other public agencies, accidents, fires, floods, earthquakes or other natural disasters or natural disasters (but not including strikes and closures), errors of computer systems, viruses, hackers provided that the situation or the cause of the incident was not the result of carelessness and / or irresponsibility of Affected party.
    • 9.2.The affected party of the Force Majeure Event shall be exempt from the performance of the obligations in this Agreement, if / and to the extent of the performance of this obligation is prevented by the Force Majeure Event and has taken take all necessary measures to overcome; The Party that fails to perform its obligations under this Agreement as a direct result of the Force Majeure Event shall immediately notify in writing the other Party of the effect on its liability to perform the obligations under This Agreement.
    • 9.3.If an Force Majeure Event lasts more than ninety (90) working Days, each Party has the right to terminate this Agreement without compensation of any amount to the other Party.
  • Article 10. INFORMATION SECURITY
    • 10.1.For the purposes of this Agreement, "Confidential Information" means information, documents, and data created and generated by the negotiation, conclusion and implementation of this Agreement, including but not limited to information provided by one party to the other Party in the form of a text, electronic data message or any other form consistent with the provisions of law and agreements of the two parties.
    • 10.2.The Recipient of the Confidential Information (the "Recipient") shall not use the Confidential Information of the Disclosing Party ("the Disclosing Party") for any purpose not expressly set forth in this Agreement, unless the Agreement This Agreement authorizes the Disclosure of Confidential Information to the Recipient's employees, contractors or company employees who need to know the Confidential Information for the purpose of implementing this Agreement; The recipients of the following information are also obligated to keep the Confidential Information confidential as the obligations of the Recipient. The Recipient undertakes to use best efforts to protect Confidential Information like the Recipient's own.
    • 10.3.Exception:
      • (a)Confidential Information will not include any information that: (a) was formally identified by the Recipient at the time of disclosure; (b) disclosed to the Recipient by a third party with the right to disclose information and not bound by any obligation or privacy limitation; (c) was made known to the public at the time of disclosing the information without the fault of the Recipient; or (d) information independently developed by the Recipient without access to and use of the Disclosing Party's Confidential Information. In addition, the Recipient will be allowed to disclose the Disclosing Party's Confidential Information for expansion and cooperation between the two Parties, however the disclosure must be agreed in writing by the Disclosing Party. . The Recipient will also be allowed to give tax advice, legal advice or at the request of the Court or relevant governmental authorities.
      • (b)At the time of termination of this Agreement for any reason, the Recipient must return to the Disclosing Party all originals, copies of documents provided to the Recipient under any any form of containing and presenting any information, including but not limited to computer source code, disks, drawings, specifications, manuals or other created, printed materials (including these are not limited to archives stored in machine readings) or destroyed at the request of the Disclosing Party.
    • 10.4.Within thirty (30) days after the termination of this Agreement, the Recipient will transfer to the Disclosure all Confidential Information owned by the Disclosure that has been transferred to the Recipient under the Agreement this.
    • 10.5.This provision will be maintained for twenty-four (24) months from the date of termination of the Agreement.
  • Article 11. TERM AND TERMINATION OF AGREEMENT
    • 11.1.Duration:
      • This Agreement has a term defined in the Service Agreement OR term of service package that you choose.
    • 11.2.This Agreement will be terminated prior to the deadline when one of the following occurs:
      • (a)You and VNG Cloud agree to terminate the Agreement, the Agreement ahead of time.
      • (b)You or VNG Cloud are forced to dissolve or go bankrupt under a decision of the competent State authority.
      • (c)You commit any Prohibited Behavior.
      • (d)A party breaches the obligations, commitments, warranties, warranties of this Agreement without remedying within five (5) Business Days from the date of receipt of the notice of the other party.
  • Article 12. HANDLING OF DATA WHEN TERMINATING THE SERVICE
    • 12.1.You are obligated to backup, remove, delete all Your data from the system, VNG Cloud Services upon termination of using VNG Cloud Services for any reason.
    • 12.2.You understand and agree that VNG Cloud has the right (but has no obligation) to delete all Your data on the system, VNG Cloud Services after termination of the Service with You.
  • Article 13. APPLICABLE LAW AND DISPUTE SETTLEMENT
    • 13.1.Applicable law:
      • This Agreement is applied and explained in accordance with the laws of the Socialist Republic of Vietnam on all issues and aspects related to the Agreement.
    • 13.2.Jurisdiction:
      • You and VNG Cloud agree that, in the event of disputes and conflicts that You and VNG Cloud cannot resolve themselves by negotiation, conciliation, the case and the dispute will be resolved in the People's Court. authorized where VNG Cloud registered its headquarters.
  • Article 14. REMAINING TERMS
    • 14.1.No waiver of rights:
      • Failure to exercise or delay the performance of any right, power or privilege under this Agreement by any party shall not be construed as a waiver of any such right, power or privilege in the Agreement. and this exercise of a part or a single right does not exclude the exercise of any right, power or privilege out of any right, right or privilege set forth in this Agreement.
      • If there is any future change in the laws and / or State policies that prevent You and VNG Cloud from achieving its basic goals while carrying out the work specified in the Agreement Under this Agreement, both parties agree to negotiate in good faith to amend and / or re-establish this Agreement in accordance with terms and conditions that may be accepted by both Parties.
    • 14.2.Transfer
      • Neither party may assign, by contract or in any other form, any rights or obligations under this Agreement without the prior written consent of the other party.
    • 14.3.Independent Agreement
      • The invalidation of one or several terms of this Agreement and / or the Service Agreement will not affect the validity of the remaining terms and the remaining terms remain binding on You and VNG Cloud must execute.
      • In the event that any provision of this Agreement is declared void by the Court, You and VNG Cloud will agree to make and sign another agreement in the spirit of this Agreement and the Agreement. Enforcement services, in which either party does not cooperate to execute and signs a new agreement as stated above, then that party must compensate for the entire damage to the other party.
    • 14.4.The whole deal
      • This Agreement and the Service Agreement are the entire agreement between You and VNG Cloud and supersede all agreements, commitments, promises, verbally or in writing, prior to the signing date of the Agreement. Services and / or the date You started using the Services.
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