Terms of Service Backup is a legal Agreement between Phổ Tuệ Technology and Software Solutions Joint Stock Company (‘HiTechCloud’, ‘Pho Tue SoftWare Solutions JSC’, ‘we’) and each of our Customers (‘You’, ‘Customer’, ‘Customer’) when usingwebsite backup serviceoremail backup service(collectively referred to as: Backup Service).
If you register to useBackup servicesof ours for personal purposes, you are bound by these Terms of Service when you register. If you register for use on behalf of an Enterprise or Organization, the business legal entity of the Enterprise or Organization (for convenience, we will also refer to as ‘you’) is bound by these Terms of Service when you register.
We may modify these Terms of Service at any time; except in critical cases, we will notify you at least 10 working days in advance via Email of any modification.
1. Our data backup service
1.1Any other data or personal information that you store on our Backup Service storage space is executed entirely through your operations/actions. We only process at the system level and do not interfere with your data.
1.2We will store any data or any other information that you Backup; All data is stored on Servers at Data centers in Singapore using any Cloud storage service (Cloud Storage) provided by service owners Amazon web, Google Cloud Platform, and Microsoft Azure, or partners. When using our backup service, you agree that all data you back up will be transferred to servers in Singapore or Vietnam depending on the product and service.
2. Accounts and security
2.1You must agree that, neither we nor you save sign-in password information for the backup service account. To use our backup service, you must first sign in to the pageService management(https://my.photuesoftware.vn) to automatically sign in to your data backup management and monitoring tool page.
2.2You have full authority to manage and monitor your backup data through the tool that Pho Tue SoftWare Solutions JSC has provided to you. You must understand and agree that Pho Tue SoftWare Solutions JSC does not intervene in or manage any of your data stored on backup service servers. Therefore, Pho Tue SoftWare Solutions JSC is not responsible for any issues related to data integrity or arising errors, loss, or missing data that you back up.
2.3You are solely responsible for the use of your Account. You must notify us immediately of any use that you believe has had/ is having/ contains any unauthorized access to your Account (due to you forgetting to log out of the browser after use, accessing via a browser from other devices without logging out after use, cookies, …).
2.4We will ensure that we take all measures in accordance with applicable law and regulations to protect data and other information, including personal data that you store on our data backup service.
3. Payment
3.1You must make payment to us to use our backup service, excluding any free trial.
3.2When registering to use the service, you agree to comply with our payment guide regulations.
3.3Pho Tue SoftWare Solutions JSC cannot and will not be held liable or have any Indemnity obligation for any consequences or damages arising from your failure to ensure full Compliance with this Payment Regulation.
4. Content stored by the user
You are solely responsible for all information, data, text, photos, graphics, videos, or other Documentation that you Select to Backup using our service. However, by using our Backup service, you agree that we may disclose or Delete any backed-up data if we become aware of any content that has (or may have) a Violation of Vietnamese law, a Copyright Violation, or a Violation of any other Law/Regulation that we must comply with.
5. Service use and restrictions
5.1You acknowledge and agree that you will not copy, sublicense, lease, lend, transfer, modify, adapt, distribute, create derivative works from, decompile, disassemble, or attempt to extract any source code of any of our data backup services.
5.2You agree that the Internet or systems, servers, and equipment provided to you by our data backup service may occasionally not function fully or partially due to factors such as: unexpected equipment failure, maintenance (whether critical, scheduled, or otherwise), hardware or software upgrades, telecommunications connection incidents, or other factors beyond our control, and agree that we are not liable to you in any way for any such issues occurring to us.
6. Termination
6.1You may terminate the use of our data backup service upon the expiration of the service term without providing any reason and without any form of compensation or other penalty.
6.2We reserve the right to intervene to terminate your use of the Backup service and will not refund any fees to you if the following cases occur when you use the Backup service:
- Conduct that violates Vietnamese law, infringes copyright, or breaches any other law or regulation we are bound by.
- Failure to pay the registration or renewal fee on time.
- does not comply with any of theGeneral termsand these Backup Service Terms.
7. Limitation of liability
You have full authority to manage and monitor your backup data through the tool that Pho Tue SoftWare Solutions JSC has provided to you. You must understand and agree that Pho Tue SoftWare Solutions JSC does not intervene in or manage any of your data stored on backup service servers. Therefore, Pho Tue SoftWare Solutions JSC is not responsible for any issues related to data integrity or arising errors, loss, or missing data that you back up.
You agree that neither we nor any of our Employees shall be liable for any special, indirect, or consequential damages, including but not limited to damages for loss of data or other intangible losses, … even if we are advised of the possibility of such damages arising from the use of or inability to use any of our data Backup services. We also assume no liability related to any unauthorized access to your Account or alteration of data that you have Backed up using our data Backup services.
You acknowledge that our data backup service may experience errors, omissions, technical delays, hardware maintenance, software upgrades, service non-provision, or replacement of your information. In this case, you specifically agree not to hold us liable for any damages.
We make no guarantee as to how quickly data will be moved during a backup, because this depends on other factors such as connection bandwidth, data size and server performance…
We do not guarantee the removal of files infected with malware during the backup process.
We accept no legal liability where a backup or restore fails, since we cannot guarantee that operations are free of oversights or carelessness, that data is not overwritten, or that backup data is not corrupted or faulty.
We are not liable for any errors, loss of information, or loss of data arising after a restore or as a result of data being overwritten.
We do not guarantee post-recovery Error remediation, because data Backup and recovery are performed by the User, and we cannot intervene in or manage your Backup data.
We do not sign in to customer accounts to perform scheduling, backup, data recovery, or setup operations and configuration customizations for customers. Customers can fully perform all of these tasks directly on the backup service tool.
We do not migrate data or download compressed archives on the customer's behalf. Customers can do this themselves directly in the backup service's own tools.
You understand and agree that all backup data you store will be deleted immediately upon service expiration. If you do not perform a timely renewal, we do not guarantee data storage for you, and we assume no liability whatsoever for any legal matters.
In addition, to the extent permitted by law, we shall not be liable to you for any Fraud, negligence, or Violation of Obligation that may cause any indirect or immaterial damages to you. Our liability for any such action in any event will be limited to the total amount of fees we received from you in the prior year, before the Incident giving rise to Legal liability.
8. Compensation and warranty
You agree to indemnify, defend, and hold harmless us, our companies, employees, and related employees against any third party complaints that may arise from your use of our data backup service in violation of these Terms of Service and/or the data you back up using our data backup service.
We provide our data backup services on an ‘as is’ basis and make no warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, operation, or any special use, non-violation, and information accuracy. Furthermore, we do not guarantee that our data backup services will meet your requirements, will be error-free, uninterrupted, or guarantee any results, or that any errors will be corrected accurately.
You warrant that any data you backup using our data backup service is at your own risk, and you assume full responsibility for all complaints or damages to any person or property resulting from your backing up of such data.
9. SLA
9.1 Planned maintenance and emergency maintenance
The system is designed to ensure service operates smoothly even during Patching, Upgrade, or even Hardware expansion. Therefore, a restricted Maintenance schedule is typically unnecessary. downtime. In the event that execution is required, we will notify you at least 03 days prior to execution, providing detailed information and the scope of service impact. It is rare that we must perform critical maintenance; however, if required to ensure safe service operation, we cannot guarantee that we will notify you in a timely manner.
9.2 Service refund policy
Pho Tue SoftWare Solutions JSC cam kết đảm bảo 99.9% operating time normally under the monthly Regulation. In the event that system downtime exceeds the above threshold, we will refund the Service fee for that month, based on the Agreement between the Two Parties.
Definitions:
“Backup” is the process of copying customer data to the backup system.
“Deployment Minutes” is the total number of minutes a data unit is backed up to the Backup service.
“Failure” means a backup or restore operation does not succeed because the Backup service is unavailable.
“Maximum Available Minutes” is the total Deployment Minutes across all data units in a given month.
“Data Unit” means a set of data — such as a data volume, website files, a database or email — that has been scheduled for backup with us and is treated as one Data Unit in our management system.
“Recovery” or “Restore” is the process of data recovery from our system for you.
“Downtime” is the total Deployment Minutes across All Data Units scheduled for Backup by you that our Backup service cannot fulfill. Downtime is calculated from the moment our system is unable to provide Backup service for a Data Unit from the first Failed attempt until another Data Unit achieves Success.
The monthly uptime percentage is calculated with the following formula:
Maximum available minutes – Downtime X 100
Maximum available minutes
Pho Tue SoftWare Solutions JSC will issue refunds as follows:
| Limit | Monthly uptime percentage | Refund based on the monthly fee |
| 1 | 99.89% – 99.50% | 25% |
| 2 | 99.49% – 99% | 50% |
| 3 | 98.99% – 97.0% | 75% |
| 4 | 96.99 –0% | 100% |
We refund the service fee for the month in which the downtime occurred.
Non-refundable cases:
- Planned and emergency maintenance do not count as downtime.
- Pho Tue SoftWare Solutions JSC refunds only the services that were affected.
- Để được hoàn tiền, Quý khách cần gửi yêu cầu cho chúng tôi để kiểm tra đối chiếu và authentication.
- No refunds are given in force majeure events, including but not limited to war, civil unrest, natural disasters, and the like.
10. Final provisions
If any term in these Terms of Service is found to be unenforceable, the remaining Terms shall remain in effect and maintain their Validity and enforceability with respect to your intent and ours.
Updated: January 23, 2025
