data-center-outsourcing-service-providers

Terminology:

  • – Party A: Buyer
  • – Party B: Seller

ARTICLE A. RIGHTS AND OBLIGATIONS OF PARTY A

A.1. Cooperate with Party B’s technician and follow Party B’s instructions for using the Services

A.2. Comply with the terms and conditions of this Page and Party B’s policies which are promulgated and made public from time to time regarding the use of the Services, instructions for using the services of Party B , the laws of the Internet, intellectual property laws, cybersecurity laws and related laws.

A.3. Self-management and security of access to the system and information to and from the Registration Service. Party A is responsible before the law for the violations of the law from using the Service, whether Party A directly or a third party uses it due to hijacking the Party A’s system.

A.4. Backup and delete your data before the Page terminates.

A.5. Is provided with adequate information about the Service’s compatible hardware and software. Party A has no right to complain when using applications incompatible with Party B’s software and hardware.

A.6. There is no right to claim Party B when damage occurs due to the operation and management of Party A’s Services or Party A instructs Party B to cause.

A.7. Party A to ensure the legality and bears full responsibility before the law for all content stored in the virtual server and transmitted on the Internet. It is strictly forbidden to take advantage of Internet services to commit illegal acts. Responsible for installing applications (software) on the server, content, copyright. Make sure that these applications do not include malicious programs that cause harm to other Internet users (such as viruses, spam, DDOS software, etc.).

A.8. Not to use the services provided under this Page without ensuring the business conditions including but not limited to applying for a business license, a license to approve the service content that the Party A provided to the customer (if any) and must not use the service for purposes contrary to the law. Party A must take full responsibility for the wrongdoings caused by them.

A.9. Responsible for setting up secure solutions for host systems on the Internet system of Party B.

A.10. Pay on time and fully charges to Party B as in the notice and according to the provisions of Article 2.

A.11. When stopping, suspending use of the Service, Party A must send a written request to Party B before seven (07) working days and pay the outstanding and arising fees to Party B.

A.12. Party A has the right to request Party B to support through Party B’s support channels and Party B is responsible for supporting Party A in accordance with the terms and conditions of this Page and current laws.

A.13. In case Party A changes its owner / member / shareholder (in case Party A is an organization or company), whether or not it leads to a change of Party A’s legal status. In accordance with relevant laws, Party A is still obligated to continue to perform this Page.

A.14. Other rights and obligations as stipulated in this Page and related laws.

ARTICLE B. RIGHTS AND OBLIGATIONS OF PARTY B

B.1. Complete the initialization of the Services within (03) working days from the date of signing the Page and receive the full payment of Party A. Provide the Services in accordance with the content and quality agreed in the Page

B.2. Responsible for instructing Party A to use and operate the Services in accordance with applicable laws and regulations, within the scope of responsibilities and powers of Party B.

B.3. Provide financial invoice after receiving Party A’s full payment

B.4. Have the right to suspend or terminate the provision of Services when Party A violates one of the terms of this Page on using the Services or paying the charges.

B.6. Have the right to suspend or terminate the service provision of Party A in case of being requested by the competent State agency.

B.7. Have the right to suspend or stop providing Party A’s Services in case the following violations are detected by the authorities, by the users, or by Party B itself:

B.7.1. Using, copying third party information for business or publishing without permission;

B.7.2. Information or promotion of goods infringing on copyrights, inventions, trademarks or any intellectual property rights of any third party;

B.7.3. Information that is deceptive, misleading, obscene, libelous, threatening …

B.7.4. Virus distribution; send spam; phishing … causing damage to users on the Internet;

B.7.5. Install, store programs and data in excess of the capacity of the Service Package that Party A has registered in accordance with the Appendix of the Page;

B.7.6. At the end of the cycle, Party A does not pay full charge for the next cycle.

B.8. Compliance with legal provisions on intellectual property rights and copyrights.

B.9. Responsible for providing uninterrupted operation of the service, if any technical problems occur due to Party B’s fault, Party B will make every effort to restore the Services within twenty-four (24) hours from the time Party A receives the notice.

B.10. There is no liability for Party A’s data from the date of Page termination.

B.11. In order to support the requirements to maintain the confidentiality of information of Party B, Party B, after notifying Party A and obtaining Party A’s consent, may temporarily or partially suspend the Service.

B.12. Abide by the agreed terms and Pages of both Parties in the Page and the Appendix.

B.13. Party B is not responsible for compensation for damage to Party A’s data stored on the Virtual Server in case the virtual server system is interrupted or damaged due to Party A’s fault or due to a Force Majeure Event.

B.14. Other rights and obligations as stipulated in this Page and related laws.

ARTICLE C: TEMPORARY SUSPENSION OF OR ALL SERVICES

C.1. Party B suspends to provide the Services upon receipt of written request from Party A and Party A has paid all outstanding charges to Party B. The maximum time for temporarily suspending Services of Party A is not more than thirty (30) days from the date the two Parties complete the procedure to suspend the Service. During the suspension of the Service, Party A is responsible for paying Party B … ..% of the monthly fee effective for Party A at that time. In case Party A has paid the fee in advance for the entire rental period, the remaining value of the fee of the suspension period will be refunded to Party A upon termination of the Page after deducted the amount owed by Party A to Party B under the Page or will be charged by Party B in the next month’s charge if Party A continues to use Party B’s Services after the current Page is extended. or signed by new Parties.

C.2. Party B has the right to stop providing the Service completely from the date of expiry of suspension in Article C.1.

C.3. Party B has the right to temporarily stop providing the Services after thirty (30) days from the date of overdue payment of charges in “Process and Form of Payment”. From the expiry date of suspension specified in this Clause, Party B is not responsible for the data, storage and backup of Party A’s data on Party B’s system;

C.4. Party B has the right to stop providing the Services completely after seven (07) days after starting to suspend the Services as prescribed in Article C.3.

ARTICLE D: TERMINATION OF PAGE BEFORE TERMS

D.1. This Page may be terminated ahead of time in one of the following cases:

D.1.1. The Parties agree to terminate the Page in writing;

D.1.2. Thirty (30) days after either Party declares bankruptcy or dissolves the enterprise or reorganizes; or Party A is an individual who dies, is declared dead or declared missing under the provisions of law;

D.1.3. When either Party violates the terms and conditions of the Page, and within thirty (30) days of receiving notice from the other Party still fails to remedy, the other Party has the right to unilaterally terminate Page termination;

D.1.4. A Party is not able to continue to perform the Page and requests to terminate the Page in writing to the other Party at least fifteen (15) days before the date of intended termination;

D.1.5. After thirty (30) days from the date of expiry of suspension as prescribed in Article 1.1 of the Page without Party A’s written request to restore the Service;

D.1.6. After seven (07) days after the date of suspension of the Services as provided for in Article D.3.

D.1.7. Upon request, decision of the Court or competent State agency;

D.1.8. Due to a Force Majeure Event as prescribed in Article 9 of this Page;

D.1.9. Other cases as prescribed by law.

D.2. In the event that the Page is terminated in part or in full prior to the expiry of Article D.1.3, Article D.1.4, Article D.1.5, Article D.1.6, the violating Party shall pay the violating Party the fine for breach is equal to 02% (two percent) of the total value of the breach of the Pageual obligations and compensate the aggrieved party for all damage arising.

D.3. Unless otherwise provided in this Page, for any reason resulting in the termination of the Page, the Parties shall still fulfill their rights and obligations under the Page.

D.4. After the Page is terminated, the Parties are still bound by and must comply with the provisions on intellectual property rights and information confidentiality as stipulated in this Page.

ARTICLE E: EVENTS OF FORCE MAJEURE

E.1. “Events of Force Majeure” shall include but not limited to natural disasters, fires, accidents, earthquakes, floods, strikes, disturbances, riots, insurrections, embargoes, war, change or supplement or terminate the provisions of laws, regulations or the actions of the authorized state agencies, or any other events that occur objectively, are unable to foresee and overcome despite taking all necessary measures and in the ability of the Parties which affect the performance of this Page. However, in all cases, the financial shortage of any Party shall not be considered as an Event of Force Majeure.

E.2. Within ten (10) days upon occurrence of an Event of Force Majeure, the affected Party shall notify the other Party in writing of the affection of the Force Majeure event to the affected Party. Where no notification is made or a Party receives no notice of the Event of Force Majeure, it shall be considered as no occurrence of an Event of Force Majeure.

E.3.Within ten (10) days after receiving notice of Event of Force Majeure, the Parties shall help each other to overcome difficulties arisen. In this case, the Parties may negotiate and extend the timeline for implementing relevant obligations.

E.4.For the avoidance of doubt, despite the occurrence of the Event of Force Majeure, neither Party shall take such events as a reason to refuse to perform this Page, except Article B, Article C of this Page.

ARTICLE F: INTELLECTUAL PROPERTY RIGHTS

F.1. Party B  is responsible for intellectual property rights over all services provided by Party B  to Party A  in accordance with this Page. Party A is responsible for intellectual property rights for content stored in its equipment, servers, content transmitted on the Internet and other intellectual property rights other than the Services granted, protected under the laws. The liability of the Parties is indefinite.

F.2. In cases where a third party detects that there is a violation of intellectual property rights related to the contents of this Page, the violating Party shall, at its own expense, perform one or more of the following:

F.2.1. Get third-party approval;

F.2.2. Adjust the violation;

F.2.3. Replace those parts with non-breaking parts;

F.2.4. Compensation (if any).

F.3. Violation of intellectual property rights is deemed to exist in reality when the documents of the competent State authorities confirm that such violation arises.

F.4. Party B  will not be compensated for any damage and will not have to carry out the works mentioned in Article F.2 hereof if Party B ‘s Services provided to Party A :

F.4.1. Are adjusted by Party A  without any prior consent of Party B ;

F.4.2. Are used by Party A  with a combination with other services not being provided by Party B .

F.5. The Parties have the responsibility to support and jointly resolve the cooperation in mutual benefit for the Parties in case of any arisen disputes related to intellectual property rights. The costs of disputes settlement shall be agreed by the Parties, depending on the level of the violation of each Party.

ARTICLE G: APPLICABLE LAW AND DISPUTE SETTLEMENT

G.1. This Page shall be governed in accordance with the laws of Vietnam.

G.2. If a dispute occurs, the parties proceed to negotiate and mediate within 60 days. If after the above time limit, the dispute is not resolved, any Party has the right to bring that dispute to resolve at the Vietnam International Arbitration Center (VIAC) under the Center’s Arbitration Rules. The place of arbitration in Ho Chi Minh City. The language of arbitration is Vietnamese.

ARTICLE H. GENERAL TERMS

H.1. Party B may update the terms of use of this service at its own discretion without notice to Party A, including by announcing changes on or through the Service, and Party A agrees. that the continued use of the Service after the use of this service has been updated or changed constitutes Party A’s acceptance and agreement to be bound by the updated Terms of Service updated or modified.

H.2. Party A’s use of the service is understood by Party B that Party A has fully read, understood, voluntarily accepted and committed to comply with the requirements in this service’s regulations.

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