Website Terms of Service

WEBSITE TERMS OF SERVICE

Overview

Welcome to www.photuesoftware.com (the “Website”), owned by Pho Tue SoftWare Solutions Joint Stock Company (“Pho Tue SoftWare Solutions JSC”).

By using the Website and/or the services on it, you confirm that you have read, understood and agreed to comply with these Terms of Service and their appendices (together, the “Terms” or the “Agreement”). If you do not agree, please do not access the Website or our services.

Pho Tue SoftWare Solutions JSC may amend the Agreement in whole or in part. We will notify you of any change through the Website and/or your registered email at least 15 days before the change takes effect. Where a change is likely to affect a service you are currently using, we will notify you by email or registered telephone number at least 3 days before the change is made. The notice will include, but is not limited to:

• a list of the categories of change;
• a technical description of the changes to the service;
• the expected period during which the changes will have an impact;
• notice of completion of the changes.

The date of the most recent change will be recorded at the top of the Agreement. If you continue to use the Website and the services after we have made a change, you are deemed to have accepted the amended Agreement.

Where there is any conflict between this Agreement and a service contract or any document signed and sealed by an authorised representative of Pho Tue SoftWare Solutions JSC and you, that contract or document prevails, except that the force majeure provisions of this Agreement take precedence.

Article 1. Definitions

1.1. “Pho Tue SoftWare Solutions JSC”: Pho Tue SoftWare Solutions Joint Stock Company, tax code 0318222903, with its registered business address at 128 Binh My Street, Binh My Commune, Ho Chi Minh City, Vietnam.

1.2. “We”, “us”: Pho Tue SoftWare Solutions JSC together with its branches, dependent accounting units and dependent brands as provided by law.

1.3. “You”, “Customer”: the individual, or the organisation you represent, who accesses this Website and/or uses services supplied by Pho Tue SoftWare Solutions JSC in accordance with applicable law.

1.4. “Organisation”: a legal entity, enterprise or other collective body.

1.5. “Email”: electronic mail — the means used to send or receive content and exchange information over the internet.

1.6. “Account”: the identifier for each Customer on our Website. An account is registered and activated by email, and that email address must be one you are lawfully entitled to use. Depending on the rules for each service, you must hold an account on the Website and make valid payment in order to use the service. You may create at most one account per email address; we may also combine this with other information such as identity card, citizen identification or passport number, telephone number and similar. Account information is declared by you voluntarily and you are entirely responsible for it.

1.7. “File”, “Data”: files stored on storage media such as hard disks, floppy disks, USB drives, CDs, DVDs, cloud storage systems and similar.

1.8. “Service”: the products and services offered on this Website.

Article 2. Website content

2.1. The content of this Website, in whole or in part — including trade marks, symbols, images, logos, icons, software, text and other content — is the property of Pho Tue SoftWare Solutions JSC and/or content controlled by us. The Pho Tue SoftWare Solutions JSC brand includes the logo, name, colours, symbols, service marks and other intellectual property rights displayed on the Website as provided by law.

2.2. No person may alter, delete, destroy, forge, copy, disclose, display, move without authorisation, or use for commercial or public purposes any part or all of this material without our prior written consent. Such use is lawful only if it meets all of the following criteria:

• it is for the purpose of transacting with Pho Tue SoftWare Solutions JSC;
• the source is cited, links to our Website and original materials are preserved, the integrity of the information is maintained, and our intellectual property rights in the assets on this Website are respected.

Article 3. Prohibited conduct

3.1. Acting unlawfully or causing harm to other organisations or individuals.

3.2. Using information on the Website to send emails or advertising without the recipient's consent.

3.3. Making unauthorised use of images, information or intellectual property on the Website, or supplying information or images owned by others and protected by Vietnamese or foreign law.

3.4. Uploading, posting, emailing, transmitting or otherwise making available any material containing software viruses or other computer code, files or programs designed to interrupt, damage or limit the functionality of computer hardware, software or telecommunications equipment.

3.5. Engaging in fraud or in conduct contrary to this Agreement or applicable law in relation to the websites and addresses of service providers linked to us.

3.6. Impersonating any individual or organisation, including but not limited to any officer or employee of Pho Tue SoftWare Solutions JSC, or making false statements or otherwise misrepresenting your affiliation with an individual or organisation.

3.7. Using services (web hosting, email hosting, cloud server and similar) beyond the resource limits, or in breach of the rules for each type of service set out in the Final Provisions.

3.8. Obstructing or disrupting the service, or another person's use of the service, the servers or the networks connected to the service; or failing to comply with the requirements, procedures, policies or rules of networks connected to the service.

3.9. If we detect that you have accessed or used the Website without authorisation, 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 damage (if any).

Article 4. Customer rights and obligations

4.1. As a Customer, you have all the rights and obligations of a service user as provided by law.

4.2. You must have the legal capacity required to enter into a contract with Pho Tue SoftWare Solutions JSC. You undertake not to use information belonging to, or infringe the rights of, any third party when registering for our services or providing information to us, and when using the registered service, unless permitted by that third party, and you accept responsibility for any unauthorised use of information.

4.3. You are responsible for providing information on request from the time we ask you to verify it, and you are responsible before the law for the purpose of use and the accuracy of the information you supply. If your information changes and you do not notify us within 7 (seven) days of the change, or do not respond to our request to verify or supplement information within 15 (fifteen) days of receiving notice, we may suspend or cancel your account registration. You also agree that we may send you notices concerning new or renewal registration procedures and the personal data you have provided to us.

4.4. You manage and maintain the right to use your services directly and accept responsibility for consequences that may arise if you breach the service usage rules or manage the service without due care. You must provide truthful and complete information about the parties you have authorised within 7 (seven) days of being asked.

4.5. Pho Tue SoftWare Solutions JSC will receive and store information relating to the personal data of data subjects and will disclose it to relevant parties only at the request of competent authorities or for the purpose of providing a better service to Customers.

4.6. While using and maintaining the service you may request changes to the above information, or update it yourself on the Website. Where the details of the transacting party change, you must notify us in writing within 7 (seven) days of the change so that information remains accurate and complete. Pho Tue SoftWare Solutions JSC accepts no legal liability, obligation to compensate or joint responsibility for any consequence or damage arising from your failure to comply with this clause.

4.7. Where registration records and procedures must be completed under the law and our rules, you must send us the following within 10 (ten) days of successfully registering for the service: one photocopy or scan of the identity card for an individual registrant, or one original Enterprise Registration Certificate where the service user is an organisation, or such other reasonable documents as we may require. If records are not supplied within that period, the registered service will be suspended without refund, except where we have failed to make contact. The service will be restored only if you supply the records and no change has occurred to the details of the service you registered on the system. Pho Tue SoftWare Solutions JSC cannot and will not be liable for legal consequences, nor obliged to compensate or share responsibility for any loss or damage arising from your failure to comply fully with this clause.

4.8. You are responsible for keeping your password and account details confidential, and share responsibility for activity carried out using your password or account.

4.9. You are solely responsible for all of your content stored on the infrastructure we provide.

4.10. You are entirely responsible for applying measures to prevent damage to or destruction of the data or service resources we have provided to you.

4.11. You understand and agree that our storage services are backed up for the purpose of recovery following technical, infrastructure or equipment failure, and not for the purpose of supplying copies to Customers. You are therefore responsible for periodically backing up all of your data stored on our servers and keeping it safely. Pho Tue SoftWare Solutions JSC accepts no responsibility for loss, damage or errors relating to your data, unless you use the backup services we provide.

4.12. You must keep your login credentials secure when using our services.

4.13. You are responsible for complying with rules and policies on software licensing, copyright, patents and inventions when using our services.

4.14. Such other rights and obligations as are set out in this Agreement and its appendices.

Article 5. Rights and responsibilities of Pho Tue SoftWare Solutions JSC

5.1. As a service provider, Pho Tue SoftWare Solutions JSC has all the rights and obligations of a supplier of services as provided by law. We implement reasonable measures to protect the content you use and to avoid unwanted incidents. We apply strong encryption methods and international information security standards to keep your information secure. We do not encrypt Customer data. We retain system logs for at least the most recent 3 months from the time you request a log search for cloud computing, domain and hosting services.

5.2. We undertake to support and guide Customers in using the products and services we supply for as long as the Customer uses our services. All of your entitlements and obligations are determined by reference to your registered account information.

5.3. We receive and resolve Customer complaints relating to our services and service quality arising while using our products and services, provided the Customer has supplied complete, truthful and accurate information as required by Article 4 above.

5.4. We are responsible for applying preventive measures to protect data against loss, misuse, unauthorised access or destruction. We may require you to cooperate in verifying information where we suspect that the information supplied is inaccurate or has been falsified.

5.5. Depending on the seriousness and nature of the Customer's breach, we may unilaterally suspend, cancel or terminate supply of the service under Article 9 of this policy and/or refer the matter to the competent authorities for resolution in accordance with applicable law.

5.6. We may collect information about your visits to the Website through collection systems operated by third parties or by us. These record data about visits or transactions carried out on the Website — for example, visits to sections, services or products, preferences and interest in particular services or products. We use this to monitor and improve the operation of the Website, so that it is more convenient and easier to use for you and other visitors.

5.7. Through the use of cookies (files a website sends to a user's machine and which are stored by the browser when the user visits that website), we may collect and analyse the IP address used to connect your computer to the internet; computer and connection information such as browser and browser version; operating system; purchase history; confirmation of when you open an email we have sent you; and the date, time and URLs leading to our Website. Cookies cannot access, control or manipulate data on your computer's hard drive.

5.8. We may send information about your account and completed transactions, together with information about services, promotions, offers, product and service introductions and other important notices, to your email, unless you tell us that you do not wish to receive it through the channels set out in Article 10.4 of this Agreement.

5.9. Emails sent by Pho Tue SoftWare Solutions JSC will come from, but are not limited to, the following addresses: supports@photuesoftware.com; news@photuesoftware.com; do-not-reply@photuesoftware.com.

Article 6. Payment

6.1. When registering for or renewing a service, you agree to comply with our payment guidance published on our Website. Pho Tue SoftWare Solutions JSC cannot and will not be liable, nor obliged to compensate, for any consequence or damage arising from your failure to comply fully with these payment requirements.

6.2. During payment, please follow the rules and guidance so that the transaction is secure and your interests are protected. We accept no responsibility for orders or payment contracts where payment details, our beneficiary account details, or the transfer reference have been entered incorrectly.

6.3. We will issue an electronic invoice once we have received payment in full and the service has been successfully activated. If you do not supply invoicing details for an organisation, we will by default issue the invoice using your personal account details. We will accept requests to change or correct invoice details for a maximum of 25 days after the order is confirmed and the service successfully activated.

6.4. To assist you with payment, each account successfully registered on our system is created with two balances:

First, a prepaid account on the Pho Tue SoftWare Solutions JSC website, with a default balance of VND 0 or in accordance with the promotional policy applicable at the time of creation. The following rules apply to this balance:

• it may be used only to pay for orders with Pho Tue SoftWare Solutions JSC, and cannot be refunded by bank transfer or in cash;
• services that may be paid for from this balance are: Cloud Server; domain names; web hosting; email hosting; Hi-Tech StartDB (database as a service); Virtual Private Cloud (VPC); and Microsoft 365;
• where an order may be paid from the account balance, the system will automatically deduct from your prepaid balance first (if that balance is greater than VND 0);
• where you pay (online or by transfer) more than the value of the order or contract, the excess will be credited to your prepaid account and may be used to pay for later orders.

Second, a promotional account on the Website, which records promotional credit granted by Pho Tue SoftWare Solutions JSC in appreciation of Customers, for use with our own services where applicable. The following rules apply to this balance:

• the period for which the credit may be used is determined by the rules of each programme;
• it may not be used to pay for the following: Hi-Tech Domain, Hi-Tech SSL, Microsoft 365, Hi-Tech License, Hi-Tech CyberWork, Hi-Tech APM, Hi-Tech Media CDN, Hi-Tech Security CDN, Voice Brandname, Hi-Tech Blockchain, or the AWS service groups that we resell.

6.5. We confirm your payment as successful only when the bank account or online payment system we use has authenticated it as successful.

6.6. You are entirely responsible for the lawfulness of the payments you make to us. If a competent state authority, or a payment partner of ours, notifies us that a payment you have made is determined or suspected to be fraudulent or forged, we may freeze the account and the related services you have paid for.

Article 7. Service renewal

7.1. You are responsible for monitoring the operating status and expiry dates of the products and/or services you have registered with us.

7.2. We will endeavour to remind and notify you of renewal by one or more of the following means: notice, renewal request letter, email, SMS, direct telephone call or automated notification call (IVR).

7.3. Renewal takes place only once we have received the service fee in full. Renewal will be completed within a maximum of 1 (one) day from receipt of the full renewal fee, save in the event of force majeure.

7.4. Customers should contact us and/or carry out renewal and payment of service fees no later than 10 (ten) days before the expiry date.

7.5. Pho Tue SoftWare Solutions JSC cannot and will not be liable, nor obliged to compensate, for any consequence or damage arising from your failure to comply with this clause.

Article 8. Suspension and termination of service

8.1. Services supplied by Pho Tue SoftWare Solutions JSC will automatically terminate or be suspended in accordance with the agreement of the parties, or on expiry of the contract.

8.2. We may suspend performance of the contract or unilaterally terminate the service contract in the following cases:

• you breach the Final Provisions, or breach the terms of this Agreement or its appendices while using our services;
• you do not cooperate or supply the necessary supporting documents required under Article 4.7 of this Agreement;
• you do not renew and pay overdue service fees before the service expiry date. We accept no responsibility for resolving cases of non-payment or late payment;
• your use of the service or your data presents a security risk or affects our systems;
• a state authority so requires.

8.3. Before service ends, you are responsible for migrating all data stored on our servers and storage systems. 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 supply a backup. Pho Tue SoftWare Solutions JSC cannot and will not be liable, nor obliged to compensate, for any consequence or damage arising from your failure to comply with this clause.

8.4. For trial or free services: on termination, all such products and any accompanying services and data will be destroyed or reclaimed.

8.5. Where a service is suspended, you remain responsible for paying all fees during the suspension period, and fees already paid for any suspension or termination cycle are not refundable.

8.6. The maximum suspension period is 7 days from the date it begins. After that period we may delete all of your data and service information from our systems, save in exceptional cases where a state authority so requires.

Article 9. Supplementing and amending Customer information

9.1. Amendments to Customer information on our Website systems will be made within 24 hours of our receiving the request by email to supports@photuesoftware.com. Pho Tue SoftWare Solutions JSC cannot and will not be liable, nor obliged to compensate, for any consequence or damage arising from your failure to comply with this clause.

9.2. Information that may be the subject of an amendment request includes:

• the identity and details of the party purchasing the service (contact address, telephone, name, company name, tax code and similar) being incorrect or incomplete. In some cases we will show you how to make the change yourself in your personal information management page;
• service parameters not matching the description on www.photuesoftware.com;
• an incorrect service period;
• payment having been made and registration details supplied in full, but no confirmation of successful service registration having been received.

Article 10. Customer support

10.1. Pho Tue SoftWare Solutions JSC is not responsible for answering queries or complaints from third parties relating to your use of the service. Nor are we responsible for answering queries or complaints concerning third-party services you use.

10.2. We provide technical support services to your designated administrator in accordance with the support principles applicable to the service.

10.3. Before submitting a technical support request, you are responsible for backing up your data, attempting to resolve the fault yourself, checking technical and functional issues, and checking network connections.

10.4. We receive all technical support requests, complaints and other support requests through three official channels:

• Hotline: 0865 920 041
• Email: supports@photuesoftware.com
• Tickets raised through the service management system: https://photuesoftware.com/Ticket

Article 11. Limitation of liability and disclaimer of warranties

11.1. In no circumstances is Pho Tue SoftWare Solutions JSC responsible for the equipment you use to access our Website, whether access devices or transmission equipment. When using the service you must provide the machines and equipment necessary for login and transmission, and you bear all responsibility and costs arising during use.

11.2. We do not warrant the exclusion of factors harmful to your use of the service, including but not limited to deliberate infringement and damage caused by third parties, or viruses. We do not warrant that the service will be supplied without fault, malfunction or other issues.

11.3. We do not warrant that we will recover data infected by a virus, or remove viruses and other harmful elements when problems occur. Customers must agree to back up all data stored on our servers regularly, and in particular before requesting technical support from us. We accept no responsibility for data loss or any damage relating to Customer data that is not caused by our fault.

11.4. We neither warrant nor accept responsibility for any data loss during support given to Customers migrating data from another server or location onto our servers.

11.5. Factors beyond our control may cause products or services to fail. We will endeavour to remedy such faults to the Customer's satisfaction, but we accept no responsibility to support or compensate Customers for those risks and any resulting damage, except where compensation is provided for a particular service in the Final Provisions.

11.6. You agree to defend, indemnify and hold Pho Tue SoftWare Solutions JSC 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 and services.

11.7. You understand and agree that we will not be liable for damage and consequential loss (including but not limited to loss of profit, goodwill, use of data or other intangible loss, even where we have advised you of the possibility of such loss) arising from: (i) our services, materials and products; (ii) the availability or unavailability of the service; (iii) unauthorised access to or alteration of data or information you transmit; (iv) the acts of any third party on the service; (v) services or messages sent or received using the service; or (vi) any other matter relating to the service, the materials or the products.

Article 12. Force majeure

12.1. A “force majeure event” includes but is not limited to natural disaster, fire, accident, earthquake, flood, strike, disorder, riot, insurrection, embargo, war, the amendment, supplementation or repeal of legislation, the regulations or actions of competent state authorities, or any other event occurring objectively which could not have been foreseen and cannot be overcome despite all necessary measures within the parties' capacity having been taken, and which affects performance of the contract. In no case, however, will a party's lack of financial resources be treated as a force majeure event.

12.2. Within 10 days of a force majeure event occurring, the affected party must notify the other party in writing, by email or through the Website. Where no notice is given, or neither party receives notice of a force majeure event from the other, it is deemed that no force majeure event has occurred.

12.3. Within ten (10) days of receiving notice of a force majeure event, the parties will assist each other in resolving the resulting difficulties. In such a case the parties may negotiate an extension of time for performance of the obligation affected.

12.4. Notwithstanding a force majeure event, neither party may rely on that event as a reason to refuse to perform the contract.

Article 13. Confidentiality of Customer information

Pho Tue SoftWare Solutions JSC respects your privacy and manages your information carefully. We will collect and use your information in accordance with our Personal Data Protection Policy.

Article 14. Free services

14.1. Within the limits permitted by law and consistent with our business direction, we may supply one or more services free of charge. The scope of, and rules for, free services are determined by Pho Tue SoftWare Solutions JSC.

14.2. Where you use a free service, we accept no responsibility to compensate for, or resolve, losses or other related issues caused by that free service in any circumstances.

Article 15. Other provisions

15.1. All intellectual property rights in our products and services belong to Pho Tue SoftWare Solutions JSC or are lawfully licensed to us, and all lawful rights are reserved. Except with our consent, you may not upload, send, publish, reproduce, transmit or distribute in any form any element of our products or services.

15.2. Where files, images, software or programs created by us are made available for download, we permit you to use them within a limited, non-commercial scope; that permission does not mean we have licensed you to exploit the copyright. You may not download the files in order to reproduce, post, announce, transfer or distribute them. You must also follow any other instructions we set when you wish to use these files.

15.3. Users are solely responsible for the information they find when using the Website. We accept no responsibility for guaranteeing the source, accuracy or completeness of that content.

15.4. You may stop using our services at any time. Pho Tue SoftWare Solutions JSC will continue to change and improve its services. We will give you reasonable prior notice of changes or improvements to service functionality.

15.5. Any dispute arising from or relating to use of the service will be resolved in a spirit of conciliation and negotiation. If the parties cannot resolve a dispute by negotiation, either party may refer it to a competent court under Vietnamese law, with commercial arbitration (VIAC) taking preference. You are responsible for indemnifying and holding harmless the relevant parties of Pho Tue SoftWare Solutions JSC against any claims, liabilities, costs and losses arising from or relating to your registration and use of a domain name. You are responsible for maintaining (1) the confidentiality of your account password, and (2) all activity occurring on or through your account. If your password or account is used without authorisation, you must notify us immediately and change your password promptly to secure your information. Pho Tue SoftWare Solutions JSC may consider closing your account at any time where necessary for information security reasons. We cannot and will not be liable for any loss, damage or other liability where you fail to comply with this clause, or arising from unauthorised access to your account.

Article 16. General provisions

The rules and policies set out in these terms are intended to protect the legitimate interests of users, to support service quality and long-term stability, and to prevent abuse and unlawful conduct.

By registering for a service, you agree to and undertake to comply with the terms of service set out in the sections below:

1. Domain, web hosting and email hosting services
2. Cloud computing services

APPENDIX: PUBLIC CLOUD SERVICE TERMS

Attached to and forming an integral part of the service agreement on the website photuesoftware.com.

1. Scope

These service terms apply to all matters relating to registration for, and use of, the following services between the service user and the service provider: Cloud Server, Hi-Tech Start Cloud, Hi-Tech Start DB, Hi-Tech Kubernetes Service and Virtual Private Cloud.

2. Customer rights and obligations

2.1. The Customer may request support through our support channels in accordance with our service terms.

2.2. The Customer may not resell the service in any form without our written consent.

2.3. The Customer must manage and keep secure their login credentials and access details for the registered service. The Customer is responsible before the law for unlawful conduct arising from use of the service.

2.4. The Customer must back up and delete their data before the service expires.

2.5. The Customer has no right of complaint against us for damage caused by the Customer's own errors in operating, using or requesting the service.

2.6. The Customer warrants the lawfulness of, and is fully responsible before the law for, the content stored on virtual machines and transmitted over the internet. The Customer is responsible for applications installed on servers, including their content and licensing, and undertakes that those applications do not include malicious programs harmful to other internet users (such as viruses, spam or DDoS software).

2.7. The Customer is responsible for establishing their own security arrangements for their server systems on our internet infrastructure.

2.8. Where the Customer changes owner, member or shareholder (in the case of an organisation or company), whether or not this results in a change to the Customer's legal status under the relevant law, the Customer must notify us.

3. Rights and obligations of Pho Tue SoftWare Solutions JSC

3.1. We may suspend or terminate supply of the service where the Customer commits the following breaches: using the service unlawfully, including but not limited to (i) using or copying third-party information for business or publication without permission; (ii) publishing information or advertising goods that infringe the copyright, patents, trade marks or any other intellectual property rights of third parties; (iii) publishing fraudulent, misleading, pornographic, defamatory or threatening information; (iv) distributing viruses, sending spam or phishing, causing harm to internet users.

3.2. Where the service expires or is terminated for any reason, we are obliged to delete all data on our systems after receiving notice that the Customer has completed backup and migration of their data. We undertake not to back up or use Customer data other than for its intended purpose. We accept no responsibility for Customer data, storage or backup on our systems.

3.3. We are responsible for responding to reported service faults within 2 hours of receiving notice from the Customer through the channels set out in the Agreement.

3.4. We are responsible for supplying the service continuously. If a technical incident occurs through our fault, we will restore the service within 6 hours of receiving the Customer's notice, so far as we are able.

3.5. Where the service must be interrupted to support our information security requirements, or as part of planned network, hardware, maintenance or upgrade work, we will publish or send notice to Customers at least 3 (three) days beforehand. We undertake that such suspension will not affect any Customer program or application. In an emergency requiring interruption at the request of a state authority, we will publish or send notice to Customers before carrying out that work.

3.6. We proactively detect interruptions and notify Customers.

4. Service level commitment

4.1. We undertake to provide a stable environment and to maintain continuity of the virtual server service. For any fault, delay, interruption or loss of connectivity caused by a failure of our systems while the Customer is operating, we will apply the following fee reductions for the period of interruption:

4.2. We accept no responsibility to compensate for Customer data stored with us in the following cases:

• a force majeure event;
• loss caused by the use of services, hardware or software not supplied by us;
• loss caused by unauthorised activity, or by a failure to act, on the part of the Customer's employees, agents, contractors or suppliers, or anyone who has obtained access to the Customer's servers;
• the Customer's failure to follow our instructions or usage recommendations (if any).

5. Precedence

Where there is any conflict between this Appendix and a contract signed directly between Pho Tue SoftWare Solutions JSC and the Customer, the parties give precedence to the direct contract.

APPENDIX: HOSTING SERVICE TERMS

Attached to and forming an integral part of the service agreement on the website photuesoftware.com.

1. Scope

These service terms apply to all matters relating to registration for, renewal of and use of the following services between the service user and Pho Tue SoftWare Solutions Joint Stock Company: Hi-Tech Domain, Hi-Tech Email Hosting, Hi-Tech Web Hosting and Hi-Tech SSL.

2. Registration and use of services

2.1. Hi-Tech Domain

• A domain name chosen for registration by an organisation or individual must not contain phrases that infringe national sovereignty, interests or security, or that offend social morals or the fine traditions and customs of the nation. It must be serious in nature so as to avoid misunderstanding or distortion arising from polyphony, multiple meanings or the omission of Vietnamese diacritics — in accordance with point 2, Article 6, Chapter II of Circular 24/2015/TT-BTTTT, as amended and supplemented by Circular 21/2021/TT-BTTTT on the management and use of internet resources, issued by the Ministry of Information and Communications.
• The domain name registrant is fully responsible before the law for the purpose of use and the accuracy of the information supplied, and must ensure that registration and use of the domain name comply with the rules and do not infringe the lawful rights and interests of other organisations or individuals.
• The registrant is responsible for managing and maintaining their right to use the domain name and is responsible for any breach arising from lax management. The registrant is responsible for monitoring the operating status and validity period of the registered domain name. (Where incorrect registration information is supplied, the registrant bears responsibility and no refund will be given for the incorrectly registered domain.) In all cases, a domain name for which the maintenance fee is not paid when due will be automatically suspended and reclaimed in accordance with the rules. Vietnamese domain names (.vn) are reclaimed in accordance with Circular 24/2015/TT-BTTTT as amended and supplemented by Circular 21/2021/TT-BTTTT (25 days after the domain name expires).
• Organisations and individuals registering a domain name must supply full details of the name servers to which it points.
• The registrant must complete the domain registration procedures required by Pho Tue SoftWare Solutions JSC. Under Circular 24/2015/TT-BTTTT as amended and supplemented by Circular 21/2021/TT-BTTTT, the registrant must supply a Vietnamese or international domain name registration declaration signed by the legal representative and sealed (for organisations), or a declaration signed by the registrant together with a photocopy of their identity card, citizen identification card or passport (for individuals), to Pho Tue SoftWare Solutions JSC within 15 days of registration. If records are not supplied within that period, the registered service will be suspended without refund.
• The registrant must supply full information and cooperate with us and with competent state authorities to resolve matters relating to the domain name in the event of a dispute.
• Where the name of the agency or organisation changes, or contact details change — including the domain administrator, contact address, telephone, fax, email or identity card — the agency, organisation or individual must notify us in writing within 7 days of the change so that information remains accurate and complete. Pho Tue SoftWare Solutions JSC accepts no legal liability, obligation to compensate or joint responsibility for any consequence or damage arising from your failure to comply with this clause.
• The registrant is responsible for checking the domain WHOIS information as soon as the domain is registered or successfully renewed (see https://photuesoftware.com).
• For the national “.vn” domain: registrants must comply with the rules of the Vietnam Internet Network Information Center on domain registration and use, published at https://vnnic.vn/.
• For international domains: organisations and individuals using an international domain name must notify the Ministry of Information and Communications of that use at www.thongbaotenmien.vn, in accordance with clauses 2 and 3 of Article 23 of the Law on Information Technology 2009 and Article 20 of Circular 24/2015/TT-BTTTT.
• All disputes concerning .vn domain names will be handled by us in accordance with the rules of the Vietnam Internet Network Information Center (VNNIC).
• All disputes concerning international domain names will be handled by us in accordance with the rules of the Internet Corporation for Assigned Names and Numbers (ICANN).
• Scope of service support:
  • We will assist with pointing DNS records on request once, within 5 days of service registration. After that period we may decline to assist. Customers should use the email address and telephone number registered as administrator on our system to make contact and submit requests. The Customer must also confirm beforehand that they will not hold us responsible or make a claim against us if damage or loss of stored data occurs during that support.
  • Domain transfers, name server changes and contact detail changes are carried out during office hours.
  • We provide related knowledge through documentation and service user guides.

2.2. Hi-Tech Email Hosting, Hi-Tech Web Hosting and Cloud VPS services

• Customers must safeguard all account information and data stored on our servers, and may not transfer, give away or resell the service without our consent.
• Customers may not store or transmit information or data that distorts, attacks or defames, that breaches the law, that runs contrary to the political line of Vietnam or other countries, or that is pornographic, depraved or fraudulent, or that offends Vietnamese culture and customs.
• Customers may not store or transmit information or data that directly or indirectly infringes patents, trade marks, trade secrets, copyright or the proprietary rights of any party.
• Customers may not use programs capable of congesting or stalling the system, such as programs that continuously consume system resources, or automation tools of any kind.
• Users are responsible for the content of emails sent and must not use the service to send spam, advertising mail, bulk mail, mass mail or mail bombs, or to run programs or mail client code that affect our systems or the reputation of the IP addresses we supply. Users must ensure that all outgoing email is consistent with Vietnamese culture and law — in particular the Law on Information Technology — and is sent safely. We may suspend or terminate the service without refund according to the seriousness and impact of the breach. We do not accept email spam in any form, even where it occurs unintentionally because a virus is exploiting the Customer's email service.
• Scope of service support:
  • Our service administration team will check and resolve hosting panel faults, database faults on our side, web server faults on our side and FTP faults on our side.
  • We will assist with creating mailboxes and pointing records to our email service once, within 5 days of service registration. Customers must supply the list of email addresses, quotas and initial passwords in the format we require, or supply domain administration details if the domain is managed with another provider. The Customer must also confirm beforehand that they will not hold us responsible or make a claim against us if damage or loss of stored data occurs during that support and fault resolution.
  • Faults caused by the Customer's network, firewall, end devices or end applications, and send/receive faults originating with the Customer's counterparties, fall outside our scope of support.
  • Faults caused by the Customer's own software source code fall outside our scope of support.
  • For websites infected with malware, fraudulent websites, and email accounts distributing spam, we may suspend the service and send the Customer a notice or report on the situation.
  • We provide related knowledge through documentation and service user guides.

2.3. Hi-Tech SSL

• Customers are responsible for declaring certificate registration details accurately.
• Customers must keep the CSR and private key safely in order to install the certificate.
• For OV SSL (Organization Validation) or EV SSL (Extended Validation) certificates, the Customer must declare enterprise or organisation details exactly as registered on the business licence and as listed on www.yp.vn or Dun & Bradstreet (https://www.dnb.com/).
• Customers must monitor the approval email in order to receive and confirm information sent by the certificate authority.
• Scope of service support:
  • Our service administration team will assist with installing the SSL certificate within 5 days of new registration. After that period we may decline to assist. Customers should use the email address and telephone number registered as administrator on our system to make contact and request support. The Customer must also confirm beforehand that we accept no responsibility for any risk relating to data, information leakage, passwords and similar during and after installation of the SSL certificate at the Customer's request.
  • We install SSL certificates free of charge in the following cases:
    • the SSL certificate is registered with us and installation is requested on a website using our web hosting service;
    • the SSL certificate is registered with us and installation is requested on an email domain using our email hosting service.
  • We provide related knowledge through documentation and service user guides.

3. Service renewal

• The Customer, or the service administrator designated by the Customer (for enterprises and organisations), is responsible for monitoring the operating status and validity period of the products and/or services registered with us.
• Customers should contact us and carry out renewal and payment of service fees 10 (ten) days before the service expiry date. Renewal takes place only once we have received the service fee in full, and will be completed within 3 days of receipt of the full renewal fee.

4. Service level commitment

• We undertake to implement reasonable measures so that service availability in any month is at least 99.95%.
• For web hosting and email hosting services, data is backed up at least once a week, with copies of the two most recent weeks retained on a dedicated backup storage partition within one of our data centres.

5. Precedence

Where there is any conflict between this Appendix and a contract signed directly between Pho Tue SoftWare Solutions JSC and the Customer, the parties give precedence to the direct contract.