Welcome to Công ty cổ phần Giải Pháp Công Nghệ và (hereinafter referred to as“Pho Tue SoftWare Solutions JSC”,“HiTechCloud” or“we”). Please read this Agreement carefully before you Register for and use the Services at Pho Tue SoftWare Solutions JSC because it contains Regulations directly related to your Benefits and Obligations while using services at Pho Tue SoftWare Solutions JSC.

The Website and Services published on the websites www.hitechcloud.vn, www.hitechcloud.com.vn, www.photuesoftware.vn, and www.photuesoftware.com are owned by Pho Tue SoftWare Solutions JSC. Your use of this Website and these services signifies your Agreement to the contents specified in this Service Agreement (hereinafter referred to as“PTG”).

Based on business operating practices and legal Regulations, we reserve the right to adjust, Update, supplement, or remove part or all of the MBT Terms content without being Required to directly issue a Notification to you, but will publicly post it on our Website.

You agree that if you continue to access our website and/or use the Services of Pho Tue SoftWare Solutions JSC after the Terms of use are updated or supplemented, it means you have accepted and agreed to comply with the updated Terms. You should regularly review the Terms each time you access the website and may view the latest Terms at any time at:https://hitechcloud.vn/phap-ly/

If one or more provisions of the PTG conflict with the law and are declared void by a court, that provision will not apply and will be amended to conform with current law; the remaining provisions of the PTG remain in force.

Article 1: Definitions

A “key” is a string of binary digits (0s and 1s) used in cryptographic systems.

“Private key” means a key in a key pair belonging to an asymmetric cryptographic system, used to create a digital signature.

“Public key” means one key of a key pair in an asymmetric cryptographic system, used to verify a digital signature created by the corresponding private key in that pair.

“Digital signing” means supplying a private key to a software program so that it automatically generates a digital signature and attaches it to a data message.

“Digital signature” means a form of electronic signature created by transforming a data message using an asymmetric cryptosystem, whereby a person holding the original data message and the signer's public key can determine precisely:

a) The transformation described above was created using the private key corresponding to the public key in the same key pair;

b) The integrity of the data message's content from the time of the transformation described above.

"Digital certificate" is a type of electronic certificate issued by a digital signature certification service provider to identify the public key of an agency, organization, or individual, thereby confirming that the agency, organization, or individual is the signer of the digital signature using the corresponding private key.

A “valid digital certificate” is one that has not expired and is not suspended or revoked.

A “public digital certificate” is a digital certificate issued by a public digital signature certification authority.

“Foreign digital certificate” means a digital certificate issued by a foreign digital signature certification service provider.

“Subscriber” means an agency, organization or individual that has been issued a digital certificate, has accepted that certificate and holds the private key corresponding to the public key recorded on it.

The “signer” is the subscriber who uses their own private key to digitally sign a data message in their own name.

“Recipient” means an organization or individual that receives a data message digitally signed by a signer and uses that signer's digital certificate to verify the digital signature in the data message received.

Ứng dụng sử dụng chữ ký số” là các ứng dụng công nghệ thông tin cho phép tích hợp và sử dụng chữ ký số để authentication.

“Digital signature certification service provider” means an electronic signature certification service provider that carries out the activity of providing digital signature certification services.

“Public digital signature certification service provider” means an organization that provides digital signature certification services to agencies, organizations, and individuals for use in public activities. The provision of digital signature certification services by public digital signature certification service providers is a conditional business line under applicable law.

"Organizational Digital Certificate" is a type of electronic certificate issued by a digital signature certification service provider to establish identification information for the public key of an agency or organization, thereby confirming that the agency or organization is the signer of the digital signature using the corresponding private key.

“Personal digital certificate” means a form of electronic certificate issued by a digital signature certification service provider that supplies identity information for an individual's public key, thereby confirming that the individual is the signatory of the digital signature created using the corresponding private key.

An “organization private key” is the private key corresponding to an organization's digital certificate.

A “personal private key” is the private key corresponding to an individual's digital certificate.

“Digital signing software” means a standalone software program, a software component (module) or a solution that applies a digital signature to a data message.

“Digital signature verification software” means a standalone software program, a software component (module) or a solution whose function is to verify the validity of a digital signature on a digitally signed data message.

“Certificate trust path” means the internet address path recorded on a digital certificate, identifying the digital signature certification authority that issued that certificate.

“Private key storage device”: the physical device holding the subscriber's digital certificate and private key.

“USB Token”: a device that stores a private key, used directly on the signing device and allowing only one person to sign at any given time.

“HSM (Hardware Security Module)”: a device that stores private keys and is connected directly to the internet, allowing many people to sign for many transactions at the same time from a number of different signing devices.

Article 2: Application for issuing or renewing a digital certificate

The Customer supplies the complete digital certificate application file to Pho Tue SoftWare Solutions JSC within 3 (three) days of Pho Tue SoftWare Solutions JSC requesting it, comprising:

– The certificate application form in Party B's template, published on Party B's system (Party A signs in to their member account with Party B at my.photuesoftware.vn or my.hitechcloud.vn to download the appropriate form).

– Supporting documents:

+ For individuals: ID card / citizen ID card / passport;

+ For organizations: the establishment decision, or the decision setting out the organization's functions, duties, powers and structure, or the business registration certificate or investment registration certificate; and the ID card/citizen ID card/passport (CMND/CCCD/Hộ chiếu) of the organization's legal representative.

Article 3: Level of security

3.1 Pho Tue SoftWare Solutions JSC undertakes that its key distribution system for Customers ensures the integrity and security of key pairs. Where keys are distributed over a computer network, the distribution system must use security protocols that prevent information from being exposed in transit.

3.2 The Customer must store and use its private key securely and confidentially throughout the period in which its digital certificate is valid or suspended.

Article 4: Conditions for ensuring digital signature security

4.1 The digital signature is created while the digital certificate is valid and can be verified with the public key recorded on that certificate.

4.2 The digital signature is created using the private key corresponding to the public key recorded on the digital certificate issued by Pho Tue SoftWare Solutions JSC.

4.3 The private key is under the Customer's sole control at the time of signing.

Article 5: Rules on revoking digital signatures and recovering private key storage devices

5.1 In addition to the requirements of applicable law, a customer's digital certificate will be revoked in any of the following cases:

a) Where the customer makes a written request and Pho Tue Software Solutions JSC has verified that request as genuine;

b) Where the customer is an individual who has died or been declared missing by a court, or the customer is an organization that is dissolved or bankrupt under the law;

c) At the request of a proceeding authority, the police, or the Ministry of Information and Communications;

d) Under the certificate revocation conditions set out in the contract between the customer and Pho Tue SoftWare Solutions JSC.

5.2 Where grounds for revoking a digital certificate exist, Pho Tue SoftWare Solutions JSC revokes the certificate and notifies the customer immediately, and also publishes the revocation in the digital certificate database.

Article 6: Rules on suspending and reinstating a customer's digital certificate

6.1 A customer's digital certificate is suspended in the following cases:

a) Where the customer makes a written request and Pho Tue Software Solutions JSC has verified that request as genuine;

b) Where Pho Tue SoftWare Solutions JSC has grounds to conclude that an issued digital certificate does not comply with Articles 24 and 25 of Government Decree 130/2018/NĐ-CP of 27 September 2018 detailing the implementation of the Law on Electronic Transactions in respect of digital signatures and signature certification services, or with Article 14 of Decision 2140/QĐ-BTC issuing the Ministry of Finance's regulations on the management and use of digital certificates and digital signatures; or where any error is found that affects the interests of the subscriber and the recipient;

c) At the request of a proceeding authority, the police, or the Ministry of Information and Communications;

d) Under the certificate suspension conditions set out in the contract between the customer and Pho Tue SoftWare Solutions JSC.

6.2 Where there are grounds to suspend a digital certificate, Pho Tue SoftWare Solutions JSC suspends it and at the same time notifies the customer immediately and publishes the suspension, together with its start and end times, in the digital certificate database.

6.3 Pho Tue SoftWare Solutions JSC must restore a digital certificate once the grounds for suspension no longer apply, or once the requested suspension period has expired.

Article 7: Rights and obligations of the customer

7.1 As a Customer, you hold all rights and obligations of the service lessee – in accordance with regulations under the Civil Code (Bộ luật Dân sự) and the Commercial Law of Vietnam (Luật Thương mại Việt Nam), as well as other relevant legal regulations. Comply with laws on electronic transactions and specialized regulations for industries applying digital certificates and digital signatures.

7.2 To provide information on request from the time Pho Tue SoftWare Solutions JSC asks for verification, and to bear sole legal responsibility for the purpose for which the information is used and for its accuracy, ensuring that registration and use of the service are lawful and do not infringe the lawful rights and interests of other organizations or individuals.

7.3 At least 30 days before the certificate expires, the customer may request a certificate renewal.

7.4 To change a key pair, the customer must submit a key pair change request. Where the public key on a renewed digital certificate is to be changed, the subscriber must make an explicit request.

7.5 The signer of an electronic signature, or that person’s lawful representative, is the person who controls the electronic signing program system and uses that device to confirm their intent in respect of the signed data message.

7.6 Notify Pho Tue SoftWare Solutions JSC in writing, or in an equivalent form such as email or fax, as soon as there is any change to your name, account number, transaction address, invoicing address or other information relevant to performance of the Contract. The Customer bears no liability arising from the Customer's delay in, or failure to, perform this obligation.

7.7 Having provided a digital certificate to another party for transaction purposes, the Customer warrants to that recipient and to Pho Tue SoftWare Solutions JSC that the Customer is the lawful holder of the private key corresponding to the public key on the certificate, that the information on the certificate relating to the Customer is true, and that the Customer will perform the obligations arising from that certificate.

7.8 Undertakes to consent to the publication of digital signature information in Pho Tue SoftWare Solutions JSC's digital signature database as required by law.

7.9 You must not use any tool, program or other means to alter data on, or damage, the device that stores the private key.

7.10 Requirement to keep the private key safe in storage and in use.

7.11 Any dispute arising from or related to the use of the digital signature shall be resolved through mediation and negotiation. If the Parties cannot resolve the dispute through negotiation, either Party is entitled to bring it before a competent court for resolution in accordance with Vietnamese law.

Article 8: Rights and obligations of Pho Tue SoftWare Solutions JSC

8.1 Is an organization providing public digital signature certification services that has been granted a Certificate of Eligibility to ensure the safety of public digital signatures under Decree 130/2018/ND-CP (Nghị Định 130/2018/NĐ-CP).

8.2 Issue a digital certificate to the customer once the customer has supplied the full information and documentation required by Decree 130/2018/ND-CP (Nghị định 130/2018/NĐ-CP); do not refuse to issue a digital certificate to an applicant organization or individual without proper cause.

8.3 Ensure that the customer's use of the service is continuous and uninterrupted throughout the validity period of the digital certificate, and that checking of the customer's digital certificate status is continuous.

8.4 To safeguard private information, personal information and the devices storing digital certificates on behalf of subscribers, in accordance with information security law and other relevant legislation.

8.5 On receiving a renewal request from the customer, Pho Tue SoftWare Solutions JSC must complete the digital certificate renewal procedures before the certificate expires.

8.6 Pho Tue SoftWare Solutions JSC commits to supporting Customers using products and services it provides during the period the Customer uses the services of Pho Tue SoftWare Solutions JSC. All of your Benefits and Obligations will be based on the registered Account information; therefore, if there is any inaccurate information, Pho Tue SoftWare Solutions JSC shall not be liable in the event that such information affects or restricts your Benefits, and will not proactively process data changes if you provide inappropriate or inaccurate information.

8.7 Receive and resolve customer complaints regarding the service and service quality arising during use of Pho Tue SoftWare Solutions JSC's products and services, provided that the customer has supplied complete, honest and accurate information

8.8 Pho Tue SoftWare Solutions JSC reserves the right to request your cooperation for information Verification if it suspects that the provided information is inaccurate or there is an act of information Spoofing.

8.9 Depending on the severity and nature of the customer's breach, Pho Tue SoftWare Solutions JSC may suspend or revoke the digital signature where a violation arises under Clause 2 or Clause 3 of this agreement or of this policy, or may refer the matter to the competent authority for resolution under applicable law.

8.10 Provide customers with basic knowledge of the management policy and with guidance on registering, using and maintaining digital certificates, and promptly notify customers whenever these policies and guidelines change.

8.11 Resolving risks and compensation arising for the customer and the recipient where a fault of Pho Tue SoftWare Solutions JSC is established.

8.12 To safeguard private information, personal information and the devices storing digital certificates on behalf of customers, in accordance with information security law and other relevant legislation.

8.13 Receiving enquiries: we maintain a continuously available channel for customer enquiries relating to digital certificates and provide technical support 24 hours a day, 7 days a week, whenever the customer contacts the Pho Tue SoftWare Solutions JSC technical team via Party B's hotline on +84 8659 20041 or submits a support request at https://my.photuesoftware.vn or https://my.hitechcloud.vn

Article 9: Payment Regulations

9.1 When registering to use the service, you agree to comply with our payment guidance regulations. Pho Tue SoftWare Solutions JSC cannot and will not be responsible, nor shall it have indemnity, for any consequences or damages arising from your failure to fully comply with these payment regulations.

9.2 Pho Tue SoftWare Solutions JSC issues an electronic invoice once payment has been received in full from you and the service has been successfully activated. The electronic invoice is issued to the party named as the owner of the service. For example:

Example 1: if the service is registered under the subject name XYZ Joint Stock Company, then Pho Tue SoftWare Solutions JSC issues the electronic invoice to XYZ Joint Stock Company and may not issue the invoice to any other company or individual.

Example 2: if the service is registered under the subject name Mr. Nguyễn Văn A (Mr. A may be the director or contact person of XYZ Joint Stock Company), Pho Tue SoftWare Solutions JSC will issue the electronic invoice only to Nguyễn Văn A, and not to XYZ Joint Stock Company.

Article 10: Regulations on service renewal

10.1 You or the service management Employee designated by you (for Enterprises and Organizations) are responsible for proactively monitoring information on the operational status and Validity period of products and/or services registered for use at Pho Tue SoftWare Solutions JSC.

10.2 A service is renewed only once payment of the service fee has been received in full. Renewal is completed within 1 day of Pho Tue SoftWare Solutions JSC receiving the full renewal fee.

10.3 Pho Tue SoftWare Solutions JSC cannot and will not be liable for or indemnify against any consequences or damages arising from your failure to maintain Compliance with this Regulation.

Article 11: Customer support

11.1 Pho Tue SoftWare Solutions JSC is not responsible for responding to inquiries or Complaints from a Third party regarding your use of the services. Pho Tue SoftWare Solutions JSC is also not responsible for responding to inquiries or Complaints regarding issues related to Third party services that you are using.

11.2 Pho Tue SoftWare Solutions JSC provides technical support services to your designated administrator according to the support principles applicable to the Service.

11.3 Before submitting a Technical support request, you are responsible for data backup on your end, attempt self-bug fix, check technical and functional issues, check network connections… Pho Tue SoftWare Solutions JSC only receives technical support requests through 2 channels: Hotline +84 8659 20041 and via website: https://my.photuesoftware.vn or https://my.hitechcloud.vn

11.4 We implement a PIN that allows our Customers to perform self-Authentication of Customer information when contacting the hotline +84 8659 20041 to request Technical support. Each Customer will have a 4-digit PIN. The PIN is generated and you can change it yourself from the page https://my.photuesoftware.vn or https://my.hitechcloud.vn

You understand and agree that when you contact the technical support hotline +84 8659 20041 and correctly provide the PIN along with another piece of information (which may be an email address, customer code, phone number, service domain, etc.), we consider it sufficient to confirm that you are our service customer to provide support. Therefore, you need to save the PIN carefully and change the PIN regularly for security.

Article 12: Limitation of liability and disclaimer of warranties

12.1 In all cases, Pho Tue SoftWare Solutions JSC is not responsible for the equipment and machinery you use to access our website, such as access devices and transmission equipment. When using the service, you must equip yourself with the necessary machinery and equipment for the login and transmission process, and you must bear all responsibility and costs.

12.2 There may be factors beyond our control that cause a product defect. We will make reasonable efforts to fix product defects to the customer's satisfaction, but we are not liable to provide support or compensation to the customer for such risks or any resulting damages.

12.3 You agree to defend, indemnify, and hold harmless us from and against legal Obligations, litigation, losses, and expenses, including but not limited to court fees, attorney fees, and consultant fees related to the settlement of or arising from your Violation during the use of our products.

12.4 You clearly understand and agree that We will not be liable for damages and consequences arising (including, but not limited to, damages for profits, reputation, data usage, or other intangible damages (even if We have advised you of the possibility of such damages)) from: (i)

12.5 When a need for Technical support arises regarding the services you are using at Pho Tue SoftWare Solutions JSC, in some cases, the Pho Tue SoftWare Solutions JSC Technical support team will need to connect to your personal computer via Third party Software such as Ultraviewer or Anydesk.

12.6 We shall disclaim all responsibility for data on your personal computer or device during technical support. Therefore, before we connect to your computer or device, you will need to address the following matters:

– Save files, applications, Software,… that you are working on.

– Hide all files, applications, Software,… unrelated to the service currently in use at Pho Tue SoftWare Solutions JSC for which we provide support.

Article 13: Customer information confidentiality

Pho Tue SoftWare Solutions JSC respects privacy and manages your information strictly. We will collect and use your information in accordance with the Privacy policy specified here:https://hitechcloud.vn/chinh-sach-bao-mat/

Article 14: Complaint procedure

If the Customer has a complaint about the quality of Pho Tue SoftWare Solutions JSC's services, the Customer sends the complaint, the matter to be resolved and any related documents and information to us through one of the following channels:

– In person with the customer care department at the offices of Pho Tue SoftWare Solutions JSC whose addresses are listed at the bottom of hitechcloud.vn or photuesoftware.com

– Send your request/complaint to: 128 Binh My Street, Binh My Commune, Cu Chi District, Ho Chi Minh City

– Contact us by phone on +84 8659 20041 or email report@photuesoftware.com

Pho Tue SoftWare Solutions JSC will verify and review the substance of the complaint and respond to the Customer with a proposed resolution within 2 (two) working days of receiving the Customer's complaint.

If the Customer does not agree with our proposed resolution, the Customer may exercise the right to bring legal action in accordance with the law.

For full details of the service complaint procedure, please see: https://hitechcloud.vn/quy-trinh-giai-quyet-khieu-nai-khach-hang/

Article 15: Free services

Within the limits permitted by law and its business direction, Pho Tue SoftWare Solutions JSC may provide one or more services free of charge to users. The scope of any free service is at the discretion of Pho Tue SoftWare Solutions JSC.

All Intellectual property rights residing in the products and services of Pho Tue SoftWare Solutions JSC belong to v or are legally licensed to Us for use; accordingly, All legal rights are reserved. Unless granted Consent by Pho Tue SoftWare Solutions JSC, you are not permitted to Upload, Submit, publish, reproduce, transmit, or distribute in any form, any component of the products and services of Pho Tue SoftWare Solutions JSC.

When files, images, software, and programs created by v and available for download, we permit you to use them within a limited scope for non-commercial purposes, but this permission does not mean v has authorized you to exploit the copyright. You are not permitted to download files for reproduction, posting, notification, transfer, or distribution. Additionally, you must comply with other guidelines we establish 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 discontinue using our Services at any time. Pho Tue SoftWare Solutions JSC will continuously change and improve its Services. We will provide advance Notification to you within a reasonable timeframe when there are changes or improvements to our service functionality.

Updated: January 23, 2025