Terms and Condition

Z.com Master Service Agreement

1. Information

  • 1.1

    GMO-Z.com RUNSYSTEM JSC. is a limited liability company incorporated under the laws of the Socialist Republic of Vietnam (hereinafter referred to as the “Z.com”) providing online services including domain name registration, hosting services, SSL certificates service and application creation service.

  • 1.2

    PLEASE READ THIS MASTER SERVICE AGREEMENT CAREFULLY.
    This Master Service Agreement (hereinafter referred to as the “Agreement” or “MSA”) sets out the terms and conditions on which you may use products and services (hereinafter referred to as the “Services”) from Z.com. This Agreement is entered into by and between Z.com and you, and is made effective as of the date of your use of Services. It shall be binding upon the parties hereto and their respective successors, legal representatives, permitted assigns and sub-contractors. You can enter into this Agreement by clicking a box indicating “Acceptance” and by submitting a relevant Order. Upon your acceptance, you confirm that you have read this Agreement, and all terms and conditions of this Agreement shall govern your purchase and use of the Services provided by Z.com.

  • 1.3

    For any further information on our services, you may contact us:
    E-mail: hotro.web.vn@z.com
    Fax:/Phone: 1900.636.788

2. Definitions

  • 2.1

    "We", "us" or "our" means Z.com;

  • 2.2

    “You”, “your”, “user” or “customer” means any individual or entity who accepts this Agreement, has access to your account, or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

  • 2.3

    “Business day” means every official working day other than Saturday, sunday PLEASE READ THIS MASTER SERVICE AGREEMENT CAREFULLY or any official holiday in Vietnam.

  • 2.4

    “Confidential Information” means any and all confidential or proprietary information or materials or data which have been or are hereafter disclosed or made available by one party (the “Disclosing Party”) to the other (the “Receiving Party”) in connection with this Agreement and/or Order(s), whether provided in any form or media, including without limitation: all trade secrets; existing or contemplated products, services, designs, technology, processes, technical data, engineering techniques, methodologies and concepts and any related information; information relating to business plans, sales or marketing methods and customer lists or requirements; and customer-specific terms or pricing set forth in this Agreement and/or any Order.

  • 2.5

    “Content” means all content, data, video, templates or information in any form that is uploaded through Z.com Services by the customer including any such Content that is ingested into the Z.com Services from third parties at the direction of the customer.

  • 2.6

    “Deliverables” means any tangible and intangible materials including a document, software, development work or design that are prepared and provided by Z.com or its subcontractors in the course of performing the Services.

  • 2.7

    “Z.com Property” means all Intellectual Property used or developed by Z.com to provide the Services, including without limitation the text, software, source code, APIs, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein.

  • 2.8

    “Intellectual Property” means any and all inventions, patent applications, patents, design, copyrights, trademarks, service marks, trade names, domain name, mask work, know-how and other trade secret, and all other intellectual property, derivatives thereof, and forms of protection of a similar nature anywhere in the world (whether registered or unregistered and including the right to register such intellectual property) that are, in each case, protected under the laws of any governmental authority having jurisdiction.

  • 2.9

    "Order" or "Service Order" means the Z.com Domain Name Registration Service Order, Z.com Hosting Service Order, Z.com SSL Service Order and/or Z.com MyStoreApp Service Order which are integral parts of this Agreement;

3. Warranties and Representations

  • 3.1

    If you are an individual and are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority to bind such entity to all of the terms and conditions of this Agreement.

  • 3.2

    Z.com represents and warrants that (i) it either owns fully and outright or otherwise possesses and has obtained all rights, approvals, licenses, consents and permissions as are necessary to perform its obligations hereunder, exercise its rights hereunder and to grant the licenses granted by it under this Agreement and (ii) the Z.com Services, as used by the customer in accordance with this Agreement, does not, and shall not, infringe, violate or misappropriate any third party's rights.

  • 3.3

    The customer represents and warrants that (i) it either owns fully and outright or otherwise possesses and has obtained all rights, approvals, licenses, consents and permissions as are necessary to perform its obligations hereunder, exercise its rights hereunder and to grant the licenses granted by it under this Agreement and (ii) the Content used through the Z.com Services, as enabled by the customer, directly or indirectly, does not, and shall not, infringe, violate or misappropriate any third party's rights, regulations on copyright, trademark, involving disputes or legal violations.

  • 3.4

    Each party represents and warrants that it has the legal power and authority to enter into this Agreement.

4. Provision of Services and Orders

  • 4.1

    This Agreement shall apply each time Customer engages Z.com to access services. Services do not include any Third Party Products or Services that may be purchased by Customer from a third party or procured for Customer by Z.com, including without limitation extended warranties on Third Party Products offered by the manufacturer thereof.

  • 4.2

    You may enter into Order(s) with us which describe each Service you may use. You could access and enter into the Z.com Domain Name Registration Service Order at https://domain.z.com/vn/en/, Z.com Hosting Service Order at https://cloud.z.com/vn/en/ and Z.com SSL Service Order at https://ssl.z.com/vn/en/ and Z.com MyStoreApp Service Order at https://storeapp.z.com/vn/en/ . Service Order and its Terms shall be an integral part of this Agreement. In the event of any inconsistency between this Agreement and any Order, the terms of the Order take precedence over this Agreement, to the extent of the inconsistency.

  • 4.3

    We may provide you with the Services in accordance with this Agreement and the terms of an Order or Orders you have made. We have no obligation to provide any Services requested by you until the due execution of an Order with respect to those Services.

  • 4.4

    Subject to the terms and conditions of this Agreement, Orders and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide the Services.

5. Maintenance Services

  • 5.1

    During the Term of any of the Services provided by Z.com, Z.com will perform the repair or maintenance services at its own costs unless otherwise agreed between the parties.

  • 5.2

    Z.com rejects commitments that services provided by Z.com need to meet your requirements, or the services will not have any problems as well as time, security or errors will be discovered. Z.com will not be responsible for the results arising from the using process, the errors that have not been detected and announced previously. However, Z.com will try to complete the services as well as possible so that Z.com can provide the best and most fully services to customers.

  • 5.3

    If a damage to the Services is as a result of misuse or abuse of the system or component (such as, but not limited to, use of incompatible devices or accessories, or failure to follow operating instructions, data transmission with high volume to any services provided by Z.com, use of Z.com’s DNS system or on hosting of Z.com or other behaviors evaluated by Z.com that they are the reasons for overload or flooding of the system) by the customer, the costs of maintenance services shall be borne by the customer, and the customer agrees that Z.com has the right to lock the use of your services temporarily.

6. Account

  • 6.1

    In order to use the Services, the customer needs to create an Account at the Z.com website: https://cloud.z.com/vn/en/signup by its username(s) and password(s) (hereinafter referred to as “Credentials”. An "Account" is a single point of entry through which the customer accesses and uses the Z.com Services. The customer is solely responsible for all activities occurring in customer’s Account(s), whether authorized by the customer or not, and the Z.com shall have the right, without further inquiry, to rely on the provision of customer’s Credentials as sufficient to authenticate customer’s use of the Service(s). The customer must notify Z.com immediately of any breach of security or unauthorized use of its Account. Z.com will not be liable for any loss the customer incurs due to any unauthorized use of its Account.

  • 6.2

    Accounts can be created by persons 18 years of age or older. If you are less than 18 years of age and wish to use the Service, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s) and accept full responsibility for all obligations under this Agreement. The registered user of an Account may use the Account or may choose instead to permit a minor child of the registered user to use the Account. You are liable for all activities conducted through your Account, and parents or guardians are liable for all activities of their minor child conducted through the Account.

  • 6.3

    You agree to provide true, accurate, current and complete information about yourself when you create your Account (hereinafter referred to as the “Account Information”) and maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Z.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Z.com has the right to suspend or terminate your Account and refuse any and all current or future use of the Service. In this case, Z.com will not be responsible for any damages caused by violations of the customer.

7. Customer's Obligations

  • 7.1

    The customer acknowledges and agrees that its use of the Services, including any content it has submitted, will comply with this Agreement, the Orders, the Z.com Pre-Pay Terms, the Policy and all other policies of the Company and all applicable laws and regulations.

  • 7.2

    The customer covenants that it shall not use the Services in a manner (as determined by Z.com in its sole and absolute discretion) that:

    • (a)

      is illegal, or promotes or encourages illegal activity, opposes Socialist Republic of Viet Nam; damages to national security, social public order and safety; sabotages ethnic unity bloc; propagandises war, terrorism; causes feud and conflict between ethnic groups, races, religions in Viet Nam;

    • (b)

      promotes, encourages or engages in child pornography or the exploitation of children;

    • (c)

      promotes, encourages or engages in terrorism, violence against people, animals, or property;

    • (d)

      promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

    • (e)

      infringes on the intellectual property rights of Z.com, another User or any other person or entity;

    • (f)

      violates the rights of Z.com, another User or any other person or entity, gives distorted and slanderous information to offend reputation of entity, honor and dignity of individual or breaches any duty of confidentiality that you owe to another User or any other person or entity;

    • (g)

      interferes with the operation of the Services;

    • (h)

      contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or

    • (i)

      contains false or deceptive language, or unsubstantiated or comparative claims, regarding Z.com or the Services.

    • (j)

      send commercial advertising and/or bulk emails or faxes without recipient’s prior consent to receive messages from you.

    • (k)

      discloses secrets of state, military, security, economy, foreign relation and other secrets defined by law.

    • (l)

      advertises, propagandises and trades in goods and services that are prohibited; propagates press, literature, art, publication that are banned;

  • 7.3

    The customer shall not copy or distribute any part of the Services or Z.com Property without Z.com's expresses prior written consent, which may be withdrawn at any time at the sole discretion of Z.com in writing or otherwise. Written consent of the parties may be given by email or fax or attachment to an email, or by other means.

  • 7.4

    The customer shall not re-sell or provide the Services, including any of Z.com’s related technologies, without Z.com's express prior written consent.

  • 7.5

    The customer shall not modify or alter any part of the Services or any of its related technologies.

  • 7.6

    The customer shall not access Z.com Property or the customer’s content, which posted or published or submitted through the customer’s Account (“User Content”), through any technology or means other than through the Services, or as Z.com may designate.

  • 7.7

    The customer shall not hinder illegally the supply and access to legal information, the supply and use of legitimate services on the Internet by entity and individual

  • 7.8

    The customer shall not use password, cryptographic key of entity and individual; personal information, Internet resources illegally.

  • 7.9

    The customer needs to store identification information, password or other information related to service account or account of customer management safely,and you must inform Z.com immediately when detecting forms of unauthorized access by your account or bases related to security, including loss, theft or disclosure of information about password and other information.

  • 7.10

    The customer shall not create unauthorized links for legitimate domain names of entity and individual; create, install, distribute hamful softwares, computer viruses; penetrate illegally, appropriate controlling right of information system, create attack tools on the Internet

  • 7.11

    Customers using the services will have commitment to reflect Z.com’s quality services on all media, website, forum, etc. honestly. All reflection must be accompanied by true proof. Z.com may unilaterally terminate the contract if Z.com discovers untrue, offensive and libelous reflection that affects reputation of Z.com negatively.

  • 7.12

    The customer agrees to back-up all of its User Content so that the customer can access and use it when needed. Z.com does not warrant that it backs-up any Account or User Content, and the customer agrees to accept as a risk the loss of any and all of its User Content.

  • 7.13

    The customer is aware that Z.com may from time-to-time contact with him or her about his or her Account, and that, for the purposes of any and all such contact(s), the customer does not have any reasonable expectation of privacy during those contacts; indeed the customer hereby consents to allow Z.com, in its sole discretion, to record the entirety of such contact regardless of whether Z.com asks the customer on any particular contact for consent to record such contact. The customer further acknowledges and agrees that, to the extent permitted by applicable Laws, any such recording(s) may be submitted as evidence in any legal proceeding in which Z.com is a party.

  • 7.14

    If the customer posts or publishes or submits any of its User Content through or to the Services, the customer represents and warrants to Z.com that:

    • (a)The customer has all necessary rights to post or publish or submit its User Content through or to the Services and;
    • (b)Its User Content does not violate the rights of any third party.
  • 7.15

    When registering use of international domain name at Z.com, the customer must notify, update information at www.thongbaotenmien.vn stipulated in Article 21 of Circular No 19/2014 / TT-MIC 05/12/2014 (specific instruction at Domain Name Registration Service Z.com Order), and the customer must be responsible for the accuracy of the information that have been notified and updated under the law.

  • 7.16

    The customer must be responsible for website conten, application, data on his serve under the law, and he must accept all forms of treatment from the authorities (if any) if the content breaks the law of Socialist Republic of Viet Nam.

  • 7.17

    Besides the above obligations, when registering and using services of Z.com, the customer has to implement content related to management and use of Internet resources specified in Decree No 72/2013 / NĐ-CP of the Government dated July 15th 2013 on the management, provision and use of Internet services and online information; simultaneously, he must comply with regulations and binding of Z.com and ICANN.

8. Z.com’s obligations

  • 8.1

    Z.com agrees to (a) make the Services available to the customer in accordance with this Agreement, including any current Order; and (b) perform any other obligations expressly identified in any current Order.

  • 8.2

    Z.com has responsibility to:

    • (a)Fully manage customers’ information who register international domain name at Z.com in Viet Nam
    • (b)Guide Customer who registers and uses international domain name to notify the Ministry of Information and Communication of Vietnam stipulated in Article 21 of Circular No 19/2014 / TT-BTTTT dated December 5th 1014
    • (c)Implement regulations concerning report of international domain name list under management of Z.com related to VNNIC on network environment at www.thongbaotenmien.vn.
    • (d)Provide information and coordinate with authorized state agencies of Viet Nam to solve and handle cases related to relevant international domain names
    • (e)Comply with the rules and instructions of VNNIC, ICANN and the relevant provisions of Viet Nam’s law
  • 8.3

    Z.com will not be bound by responsibility to data preservation, operation of website, server and full supply of other services for the Customer after the maturity of service Contract or Request comes, but the Customer has not finished financial obligation yet.

9. Fees and Payments

  • 9.1

    The customer shall pay Z.com the fees set forth, from time to time, in this Agreement and/or the relevant Order (the "Fees").

  • 9.2

    The customer shall make its payment in accordance with the “Payment Methods” set forth in this Agreement and/or the relevant Order. Payment may be made by valid credit card, bank transfer, online payment such as “Paypal”, deposit payment “Z.com Pre-Pay”, or in cash. Such payment shall be made, without set-off, by due date.

  • 9.3

    For the services which are being used, the customer will be notified before expiration. If the customer does not pay until expiration date, Z.com will suspend the services provided to customer and we will not be responsible for any damage of the customer due to the suspension of service.

  • 9.4

    The Customer shall be responsible for and shall pay any applicable taxes or duties, tariffs or the like applicable to Customer’s Order (except for taxes on Z.com’s income). All payments shall be made without deduction for withholding taxes.

  • 9.5

    If Z.com pursues collection efforts against Customer due to Customer’s failure to pay fees due under this Agreement and/or Order, the Customer shall pay Z.com’s reasonable costs of collection, including any attorneys' fees related thereto, fines and compensation for damages (if any) arising from failure to pay or inadequate and unpunctual payment caused by the customer. The customer agrees that Z.com has the right to perform all necessary and legitimate measures so that Z.com can recover such fees. The customer also agrees that the measures implemented to recover payables will include but not limited to measures that pause to perform registratering requirement or use of services of customer without any prior notification.

  • 9.6

    To the extent permitted by applicable laws, the fees payable under this Agreement and/or Order are non-refundable and non-cancelable, even if customer’s use of the Services are suspended, terminated, or transferred prior to the end of the Term.

  • 9.7

    Z.com may, in its sole and absolute discretion, change or modify fees, at any time, and such changes or modifications shall be effective immediately upon posting to its website. If a customer has purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for its renewal.

  • 9.8

    The customer must be responsible for the payment of financial obligations in full and on time to ensure the operation of the domain name / hosting / server and other services so that they can operate in normal way. In all cases, the customer himself must be responsible for the damages occurred to him, the User or any other third parties due to suspension, cancellation of services provided to the customer arising from violation of payment obligations of the customer.

10. Term

  • 10.1

    This Agreement shall begin on the Commencement Date of each Order (as described in each Order) and shall remain in effect until such Order has expired or been terminated in accordance with this Agreement and the terms of each Order. The Term may be renewable by the customer pursuant to the terms of each Order.

  • 10.2

    The customer should know that even though the Agreement or Order or Contract extension period is over, if the customer still has any unpaid Fee or any uncomplete obligation to Z.com or competent authority of Viet Nam’s state, provisions or corresponding arrangements on that responsibility of the customer will continue to have legal effect as a basis for settlement.

  • 10.3

    In case the Customer violates any provision of this Agreement that Z.com realizes that it is unnecessary to terminate the Agreement and stop providing services, Z.com has the right to take measures related to necessary warning and punishment in order remind you about the violation. Announcement of warning, punishment will be sent to you by Z.com in writing or through electronic documents. If the Customer does not have feedback about the violation and correction within 5 days, Z.com may terminate the provision of domain names and other services that customer is using without any notice. All service charges will not be refunded.

11. Termination

  • 11.1

    Either the Z.com or the customer may terminate this Agreement or Order, with or without a reason, by giving at least ten (10) business day prior written notice to other party unless otherwise provided in the Order.

  • 11.2

    Without prejudice to any other rights of Z.com under this Agreement or applicable laws, based on consideration, assessment and evaluation of Z.com related to Customer’s violation, Z.com may immediately, in its sole and absolute discretion, suspend the performance of its obligations or provision of Services(including remove and destroy any User Content) and/or may terminate this Agreement or Order, at any time and without prior notice if:

    • (a)you fails to pay any fee due to Z.com;
    • (b)you materially breach any provision of this Agreement or Order;
    • (c)you suffer an Insolvency Event;
    • (d)your use of the Services deemed to be inappropriate;
    • (e)Z.com has reason to believe that you are a repeat offender;
    • (f)you are abusive, harassing or threatening Z.com and/or any of Z.com's employees;
  • 11.3

    Notwithstanding the above clauses, Z.com reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason, including but not limited to the following. Announcement of warning, punishment will be sent to you by Z.com in writing or through electronic documents. The Customer has to have feedback within 5 days.

    • (a)To correct mistakes made by us in offering or delivering any Services (including any domain name registration);
    • (b)To protect the integrity and stability of, and correct mistakes made by, any domain name registry;
    • (c)To assist with our fraud and abuse detection and prevention efforts;
    • (d)To comply with court orders against you and/or your domain name or website and Laws;
    • (e)To comply with requests of law enforcement, including subpoena requests;
    • (f)To comply with any dispute resolution process;
    • (g)To defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit or;
    • (h)To avoid any civil or criminal liability which might concern with Z.com, its officers, directors, employees and agents, as well as its affiliates, including, but not limited to, instances where you have sued or threatened to sue us.

    In the above case, Z.com will not bear any legal responsibility towards the Customer, User or any other third party for any interruption of service provision or the damage (if any) for customers.

12. Consequences of Termination

  • 12.1

    If this Agreement is terminated, the customer shall pay Z.com the amounts specified in each Order relating to Service(s) performed by Z.com up to and including the date of termination, as well as any additional costs or expenses which Z.com has incurred or contracted for with respect to the Services and is unable to avoid. We may invoice for all fees and any other amounts payable to us. You must pay those fees and amounts within 3 days after the date of the termination. The termination of the Agreement and pause to service provision when terminating Agreement does not exclude the right to require payment of Z.com for the customer on the payment obligations that the Customer has not completed for Z.com.

  • 12.2

    Upon termination of this Agreement and Order, all property of each party in possession of the other party relating to such Service(s) shall be promptly returned, including, without limitation, any deliverable properties provided to Customer by Z.com under such Order(s) but not yet fully paid for by Customer. The customer shall also promptly return or destroy (as determined by Z.com in its sole and absolute discretion) all Confidential Information, (including all copies), held by it, its personnel or otherwise under its control. Z.com has the right not to transfer and retain ownership and other interests of the Customer until he completes the full payment and obligations for Z.com.

  • 12.3

    Notwithstanding the above clauses, Clauses3, 7, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 24, and 25 shall survive after the date of termination.

13. Intellectual Property

  • 13.1

    Customer owns and retains all worldwide right, title, and interest in and to all of its Intellectual Property. Except as expressly set forth herein, nothing in this Agreement conveys any right, title, or interest in or to the Customer’s Intellectual Property to Z.com.

  • 13.2

    Z.com owns and retains all worldwide right, title and interest in and to all its Intellectual Property including without limitation the text, software, source code, APIs, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Z.com Property”). To the extent that any Z.com’s Intellectual Property is included in a deliverable provided to Customer as part of any Services, Z.com hereby grants to Customer a non-exclusive, non-transferable, worldwide right and license to internally use such Z.com’s Intellectual Property solely for use with the related Services. Except as expressly set forth herein, nothing in this Agreement conveys any right, title, or interest in or to the Z.com’s Intellectual Property to Customer or any other third party. Z.com shall own all worldwide right, title, and interest in and to all Work Product delivered to Customer (including without limitation all related Intellectual Property) from the time that it is created, authored, invented, discovered, or first reduced to practice.

  • 13.3

    Z.com shall retain all intellectual property rights with respect to the processes, tools and software related to the Services. Any use by Customer, including the execution, reverse engineering, decompilation, reproduction, modification, distribution, transmission, republication, display, transfer or performance, except as specifically permitted by Z.com during the Term of Services is prohibited. We provide Z.com Property to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be copied, reproduced, distributed, transmitted, broadcast, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Z.com. Except as provided in this Agreement or Order, we may not grant you any rights in relation to any Z.com Property.

  • 13.4

    Except as otherwise specifically agreed to in this Agreement, GMO-Z.com shall retain exclusive ownership in all of its Deliverables. Subject to payment in full for the applicable Services, Z.com grants Customer a non-exclusive, non-transferable, royalty-free right to use the Deliverables solely for Customer’s internal use. Customer agrees to take all reasonable steps to protect Deliverables under this Agreement, and any related documentation, from unauthorized copying or use. Customer further agrees not to modify, disassemble or decompile any such Deliverables in order to discover the trade secrets contained in the source code or for any other reason.

  • 13.5

    The customer acknowledges that this Agreement is not a sale, and does not convey to you any rights of ownership in or related to the Services, the Z.com Technology or the Intellectual Property Rights owned by Z.com.

14. Confidentiality

  • 14.1

    In the performance of the Services, Customer and Z.com may have access to or be exposed to Confidential Information of the other party. Confidential Information may not be shared with third parties unless such disclosure is to personnel of Z.com or Customer, including employees, agents, consultants, and subcontractors, on a “need-to-know” basis in connection with its performance of this Agreement, provided that such personnel have agreed to treat such Confidential Information under terms at least as restrictive as those herein and execute a confidentiality agreement in the form reasonably required by a Party. Each party agrees to take the necessary precautions to maintain the confidentiality of Confidential Information by using at least the same degree of care as such party employs with respect to its own Confidential Information of a like-kind nature, but in no case less than a commercially reasonable standard of care to maintain confidentiality, and shall only make such information available to its employees on a “need-to-know” basis. The Parties ensure that the Confidential Information is secured with the reasonable level of security. The Recipient agrees that it will hold in confidence the Confidential Information disclosed by the Discloser. The Parties shall not use Confidential Information for any purpose other than the performance of this Agreement or Customer’s use of the Services. Each party shall also be liable for all violations of these obligations by its employees and contractors.

  • 14.2

    The obligations of the Receiving Party under this Clause will not apply to information of the Disclosing Party if such information (i) was in the possession of the Receiving Party at the time of disclosure without any restrictions as to confidentiality of such information, (ii) was generally available to the public at the time of disclosure or became generally available to the public after disclosure through no breach of this Agreement or other wrongful act by the Receiving Party, (iii) was rightfully received by the Receiving Party from a third party without restriction on disclosure, or (iv) is independently developed by the Receiving Party without use of or reference to the Confidential Information.

  • 14.3

    The Receiving Party may disclose Confidential Information to the extent required to comply with the applicable laws or binding orders of governmental entities that have jurisdiction over it; provided that, to the extent legally permitted, the Receiving Party gives the Disclosing Party reasonable written notice to allow the Disclosing Party to seek a protective order or other appropriate remedy, discloses only such Confidential Information as is required by the governmental entity, and uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information disclosed.

  • 14.4

    Upon the written request of the Disclosing Party, made by email, fax or other similar means, the Receiving Party shall promptly return or destroy the Confidential Information, including all copies thereof (certifying the fact of such destruction to the Disclosing Party).

  • 14.5

    The parties acknowledge and agree that any breach of the obligations of this Clause may cause the non-breaching party irreparable harm for which an adequate remedy at law may not be available and that, therefore, the non-breaching party shall be entitled to seek injunctive relief, in addition to all other remedies available at law.

  • 14.6

    Each party shall promptly notify the other party upon discovery of any unauthorized use or disclosure of Confidential Information and will cooperate with the other party in every reasonable way to help regain possession of such Confidential Information and prevent its future unauthorized use.

  • 14.7

    The obligations with respect to Confidential Information shall continue for five (5) years from the date of termination of this Agreement.

15. Indemnification

  • 15.1

    Each party, at its own expense, agrees to protect, defend, indemnify and hold harmless the other party and such other party's officers, employees, directors, agents, affiliates, subsidiaries, successors and assigns from and against any and all claims, demands, damages, liabilities, losses, government fines, costs and expenses (including, without limitation, reasonable attorney's fees and litigation expenses)imposed upon or incurred by a Party directly or indirectly arising from (i) the use of the Services; (ii) any violation of any provision of this Agreement or Order which are incorporated herein; and/or (iii) any violation of any third-party right, including without limitation any intellectual property or other proprietary right.

  • 15.2

    The indemnification obligations in this Clause are conditioned upon: (a) written notice by the indemnified party, made by email or fax or other means to the indemnifying party within 30 days of the indemnified party's receipt of any Claim for which indemnification is sought; (b) counsel for the indemnified party reasonably acceptable to the indemnifying party; (c) approval by the indemnifying party of any settlement of the Claim for which indemnification is sought; and (d) such reasonable cooperation by the indemnified party in the defense as the indemnifying party may request. Notwithstanding anything to the contrary contained herein, the indemnifying party shall not, without the prior written consent of the indemnified party, settle, compromise or consent to the entry of any judgment with respect to any pending or threatened Claim unless the settlement, compromise or consent provides for and includes an express, unconditional release of such Claim against the indemnified party.

  • 15.3

    If Z.com receives notice of a claim that, in its reasonable opinion, is likely to result in an adverse ruling, then Z.com shall at its option, (i) obtain a right for Customer to continue using such Service or Deliverable; (ii) modify such Service or Deliverable to make it non-infringing; (iii) replace such Service or Deliverable with a non-infringing equivalent; or (iv) refund any pre-paid fees for the allegedly infringing Services that have not been performed or provide a reasonable depreciated refund for the allegedly infringing Deliverable. Notwithstanding the foregoing, Z.com shall have no obligation under this Clause for any claim resulting or arising from (i) Customer’s modifications of the Services or Deliverables that were not performed by or on behalf of Z.com; (ii) the combination, operation or use of the Service or Deliverable in connection with a third-party product or service (the combination of which causes the infringement); or (iii) Z.com’s compliance with Customer’s written specifications or directions, including the incorporation of any software or other materials or process provided by or requested by Customer.

  • 15.4

    Customer shall defend, indemnify and hold Z.com harmless from, any third-party claim or action arising out of (i) the failure of Customer to obtain the appropriate license, intellectual property rights, or any other permissions, regulatory certifications or approvals associated with Customer-provided technology, software or other components related to the Service, as well as software directed or requested by Customer to be installed or integrated as part of Services, or (ii) any inaccurate representations regarding the existence of a license or any allegation made against Z.com due to Customer’s violation or alleged violation of applicable laws, regulations, and orders.

  • 15.5

    In case Z.com is sued by acts of the customer, the customer must pay all compensation, court costs, attorney fees and other relevant costs.

  • 15.6

    The party which asks for compensation must prove actual damages, the fault of the party which causes damage and relationships between them, as well as the efforts taken to limit and remedy the damage as lowest as possible to the another party.

16. Data Security and Protection of customer system

  • 16.1

    Z.com will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data which is owned and/or controlled by Customer. Z.com will not modify Customer Data or access Customer Data except to provide the Services and prevent or address service or technical problems, or at Customer's request in connection with Customer support matters, or at the request of Viet Nam’s authorized state agencies. In case of request of authorities, Z.com has ability to notify and invite the Customer to work at the request of authorities. If the written document provided by authorities has criminal element involving politics, national security, Z.com will be exempted from responsibility for information security according to requirement of police and security agencies.

  • 16.2

    Z.com shall maintain procedures to promptly notify Customer in the event of loss, misuse, or unauthorized acquisition of Customer Personal Data where such events come to Z.com’s attention.

  • 16.3

    Z.com backup daily data automaticallyas proper administrative natural and technical measures, to protect the security, confidentiality and integrity of customer’s data. However, these data are only used for the purposes of server management and administration. We will try to back up this data accurately and completely. If the customer has requirement, we will send the backup. However, we are not responsible for these incidents that happen to this data from being undermined by the illegal users, hackers or the unintended objective causes such as natural disasters, fire, hardware malfunction, faulted transmission access line, DNS error of service, etc. Nevertheless, we will immediately notify the customer in the shortest time when unfortunate incidents occur. Therefore, in order to avoid and minimize errors that occur, the customer must be responsible for backing up their data regularly.

  • 16.4

    Although the Z.com will use reasonable endeavors to prevent any damage or alteration of customer in the course of providing the Services, customer understands that it is solely responsible to take appropriate measures to isolate and back up its computer system, including its computer programs, data and files, and to take other actions necessary to protect its system and data. Customer further acknowledges that customer data may be altered or damaged in the course of providing technical services, whether on-site or via remote connection or otherwise.

17. Limitation of Liabilities

  • 17.1

    IN NO EVENT SHALL WE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHICH IS SUFFERED OR INCURRED IN CONNECTION WITH OR RELATING TO THIS AGREEMENT (INCLUDING AN ORDER) OR OTHERWISE ARISING OUT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE WERE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

  • 17.2

    YOU PARTICULARLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED, KỂ CẢ QUYỀN YÊU CẦU BỒI THƯỜNG.

  • 17.3

    YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAWS, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL LOSS SHALL NOT EXCEED THE TOTAL AMOUNT OF THE FEES PAID TO US BY YOU UNDER THE APPLICABLE ORDER IN THE 12 MONTHS PRIOR TO THE LOSS OCCURRING (LESS ANY OTHER CLAIMS PAID BY WE IN CONNECTION WITH OR RELATING TO THAT ORDER IN THAT PERIOD.)

  • 17.4

    YOU FURTHER ACKNOWLEDGE THAT SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, FORCE MAJEURE OR Z.COM’S ACTS FOR THE PURPOSE OF CUSTOMER’S BENEFIT OR LIMITATION AT LEAST DAMAGE TO CUSTOMER OR OTHER CASES THAT ARE NOT Z.COM’S FAULTY. Z.COM IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE IN SERVICES RESULTING FROM SUCH PROBLEMS.

18. Disclaimer

  • 18.1

    TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  • 18.2

    Z.com will not be responsible for commitment or agreement of the Customer to User or any other third party. Z.com is only bound by valid agreements between Z.com and the Customer.

19. Disclaimer

  • 19.1

    The parties are independent contractors. Neither party will have any rights, power or authority to act or create an obligation, express or implied, on behalf of another party except as specified in this Agreement. Z.com has the right to assign, subcontract or delegate in whole or in part of this Agreement, or any rights, duties, obligations or liabilities under this Agreement, by operation of law or otherwise, provided that Z.com shall remain responsible for the performance of Services under this Agreement. You may not novate, assign or sub-contract its rights or obligations under this Agreement or Order without prior written consent of Z.com; saved that such consent may be given or withheld at our sole discretion.

  • 19.2

    For all services provided to the Customer by Z.com under Agreement, Order and effective Agreement between the parties, the Customer shall bear all responsibility for Z.com including cases that the Customer transfers, conveys, allows other people to manage and use services with or without the consent of Z.com.

20. Modification

  • 20.1

    Z.com may, in its sole and absolute discretion, change or modify this Agreement and/or Order, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to its Site. Z.com will send notification to customers by email whenever it’s made. Your use of the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree such modifications to be bound by this Agreement as last revised, you could not use (or continue to use) Services.

  • 20.2

    Z.com may, in its sole and absolute discretion, change or modify or discontinue any aspect of the Services, including without limitation prices and fees for the same, at any time, and such changes, modifications or discontinuation shall be effective immediately upon posting to its Site. Your use of the Services after such changes or modifications have been made shall constitute your acceptance of Services as last revised. If you do not agree such modifications to be bound, you could not use (or continue to use) such Services.

  • 20.3

    Your use of Services after the effective date of any amendments to this Agreement constitutes your complete and irrevocable acceptance of such amendments. You also agree to check this Agreement from time to time so that you will be familiar with its content as amended or modified periodically.

  • 20.4

    Change or modification of this Agreement and/or Order, and any policies or agreements is carried out according to spirit of compliance with laws, balance of interests between the Customer and Datapool, and it is aimed at providing best services for the customer.

  • 20.5

    The Customer may terminate use of services when the next maturity of the service use contract comes if the customer does not agree with any provisions or new change arising in content of service use regulation.

21. Governing Law

  • 21.1

    This Agreement and the relevant Orders shall be governed by and construed under the laws of the Socialist Republic of Vietnam, regulations of ICANN and relevant international practices.

22. Settlement of Disputes

  • 22.1

    Z.com and Customer will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) arising out of or relating to this Agreement and/or Orders through the amicable negotiation. The existence or results of any negotiation or settlement will be treated as confidential. Negotiation and mediatory procedures are required before a party offer the matter for settlement at the tribunal that has jurisdiction.

  • 22.2

    In the event the parties are unable to resolve the dispute within 30 days of notice of the dispute to the other party, the parties have a right to refer the dispute to International arbitration center of Viet Nam that is adjacent to Chamber of Commerce and Industry of Viet Nam.

  • 22.3

    Customer agrees to be bound by the present dispute resolution policy of Z.com. That policies will be referenced and become a part of this Agreement, and Z.com may modify this policy at any time in order to fit more with the relevant provisions of ICANN, the law of Socialist Republic of Viet Nam and other constraints (if any). Any changes of the dispute resolution policy will be announced on Z.com’s website within 15 days before the official change takes effect. You agree that you will follow Z.com’s website periodically to capture latest information of the change, modification and supplementation of contents of this policy.

23. Force Majeure

  • 23.1

    Neither party shall be liable to the other party for any failure to perform any of its obligations (except payment obligations) under this Agreement during its Term in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot or the intervention of any governmental authority (a “Force Majeure”). In such event, the delayed party must promptly provide the other party with written notice of the Force Majeure. The delayed party’s performance shall be excused and suspended for the duration of the Force Majeure, but if the Force Majeure events lasts longer than thirty (30) days, the other party may terminate the applicable Service and this Agreement by giving written notice to the delayed party.

  • 23.2

    A Party has not to compensate for damage or be responsible to other party for damages arising due to force majeure; however, if the injured party does not notice or does not use the necessary measures to remedy the damage, he will not be excluded from liability for compensation.

24. Use of Customer Name

  • 24.1

    With the prior written consent of Customer (not to be unreasonably withheld), Z.com may use and publish Customer's name in its customer lists, lists of referrals for other customers (or potential customers), and in other promotional information, including, but not limited to, press releases, brochures, reports, letters, white papers, and electronic media such as e-mail or Web pages.

25. Miscellaneous

  • 25.1

    Notice

    • (a)

      All notices from Z.com (except for notices of violation of the agreement, service provisions) will be posted on Z.com’s website and be notified at least 15days before these notifications take effect. The notice of violation or security will be sent to Customer’s email address that was registered on customer’s account by Z.com;

    • (b)

      equired to be given, served, or sent by Customer pursuant to the Agreement, shall be in writing and shall be mailed by first-class, registered, or certified mail, return receipt requested, postage prepaid, or transmitted by hand delivery or email or facsimile addressed to the respective Parties as follows:
      To GMO-Z.com RUNSYSTEM JSC:
      Address: 6th Floor, Ocean Park Building, No.01 Dao Duy Anh Street, Phuong Mai Ward, Dong Da District, Hanoi

  • 25.2

    Severability

    If any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, then other provisions of this Agreement shall continue remain in full force and effect. Terms that are removed or invalid will be replaced and applied by the ICANN’s respective terms, Vietnam’s laws and international practices.

  • 25.3

    No Waiver

    The failure of either party to require the performance of any of the terms of this Agreement or the waiver by either party of any default under this Agreement shall not prevent a subsequent enforcement of such term, nor be deemed a waiver of any subsequent breach. Any waiver (apart from exemptions under the provisions of this Agreement and the Order or the attached documents that have signed by parties) shall not be effective unless it is written and duly signed by the Parties hereto.
    You agree that the entire responsibility of Z.com for you have been prescribed and only under the influence of this Agreement, any breach of Z.com under this Agreement only has sphere of influence in accordance with the service charges that you have paid for the Z.com for disputed service. Z.com, employees and agents will not be responsible for any damages due to not knowing usage, incorrect use of the system and website of Z.com or the cost of replacement services. Z.coms refuse to accept responsibility for the damage caused by the following reasons:

    • a)The delay in accessing the website, system of DataPool.VN or system of domain name registration.
    • b)Data is not received or it is incompletely received between you and Z.com.
    • c)These incidents beyond the control of Z.com
    • d)Incidents caused by untimely registration or the registration process or the process of using the domain name
    • e)The incident caused by not renewal or any reasons in the domain name extension.
    • f)The unauthorized use of your accounts on Z.com’s system or unauthorized use of your services provided by Z.com.
    • g)Error, omission or false statement.
    • h)Removing, errors in the storage, processing or other action for the email.
    • i)Handling, updating your information to register.
    • j)The development or disruption to your website.
    • k)The error occurs due to the processing of your documents.
    • l)The document that belongs to Z.com’s Policy of handling dispute
    • m)Any action taken by you or authorized person (including with or without your permission).
  • 25.4

    Entire Agreement

    This Agreement and any Order or documents attached hereto shall constitute an entire agreement between the Parties relating to the subject matter of this Agreement and supersedes all prior representations, proposals, understandings, communications or agreements, whether written or oral, relating to that subject matter.
    Order of priority applied in case there are many terms in the different documents that have the same adjustment of content adjustment related to services:

    • Particular requirements of each service;
    • Overall service contract;
    • Z.com Domain Name Registration Service Order;
    • Policies and other regulations.
  • 25.5

    Counterparts

    This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and such counterpart together shall constitute one and the same instrument. If a party elects to sign Order electronically, it expressly acknowledges and agrees that such electronic signature is the legal equivalent of, and has the same force and effect as, a manual signature.

  • 25.6

    Foreign Language Translation of Agreement

    For customer’s convenience only, Z.com may provide customer with a non-English translation of the Agreement. Any such non-English language version of the Agreement is for reference purposes only. Customer acknowledges and agrees that the English language version of this Agreement shall govern in all instances between the Parties.

Z.com Hosting Service Order

This Z.com Hosting Service Order (hereinafter referred to as the “Order”) is an integral part of the Master Service Agreement (hereinafter referred to as the “Agreement” or “MSA”). The following terms and conditions shall apply to the Z.com Hosting Service (hereinafter referred to as the “Service”). This Order is an ‘Order’ as mentioned in the Agreement and is governed by the terms of said Agreement. The customer should read this Order in conjunction with the MSA which can be viewed at: https://cloud.z.com/vn/en/terms By registering for the Service, you are acknowledging these terms and conditions, and agree to be bound by them.

1.Definitions

Unless otherwise defined in MSA, the following terms used in this Order shall have the meanings as described herein.

  • 1.1

    “Bandwidth” means the amount of network space allocated to the Customer and is shown in the relevant Hosting Packages.

  • 1.2

    “Detailed Regulations” means any regulations, provisions, rules which form a cohesive framework and must be read in conjunction with one another, as well as with, which taken together, represent the entirety of your obligations and responsibilities with regard to the use of Services.

  • 1.3

    “FTP” means File Transfer Protocol.

  • 1.4

    “Service System” means the server, software and program operated by us for provision of Service.

  • 1.5

    “Third Party Software” means any software or application developed and owned by a third party provider, including Linax®, Microsoft®, cPanel, Magento®, WordPress®, Installatron , that we may contract with from time to time.

  • 1.6

    “User Data” means any and all files, materials which posted, updated, uploaded, published or maintained and/or on, within, displayed, linked or transmitted to, from or through Service or your website.
    1.7 “Web Hosting Control Panel” means a software interface provided by the Supplier and which forms part of the Registered User’s Web Hosting Space and which provides a range of web hosting functions.

  • 1.7

    “Web Hosting Control Panel” means a software interface provided by the Supplier and which forms part of the Registered User’s Web Hosting Space and which provides a range of web hosting functions.

  • 1.8

    "Hardware" means the complete digital equipments; accessories; parts of digital equipment, components

  • 1.9

    "Software" is a computer program that is described by a system of symbols, code or language to control digital devices to perform the certain functions.

  • 1.10

    "Computer virus" is a computer program that have ability to spread, cause abnormal operation of digital devices or copy, modify, or delete information stored in digital devices.

  • 1.11

    "Spam letter" is the e-mail message sent to a recipient who does not want or do not have the responsibility to receive under the law.

2.Provisions of Services

  • 2.1

    We provide the following services to you under this Order:

    • (a)

      Shared Web Hosting service;

    • (b)

      Virtual Private Server Hosting service;

    • (c)

      WordPress Hosting service ;

    • (d)

      The provision of Third Party Software;

    • (e)

      The provision of private IP address;

    • (f)

      The services related to (a) to (e) above.

  • 2.2

    Detail conditions of Service shall be specified in below.
    https://cloud.z.com/vn/en/terms

3. Exclusions from the Service

  • 3.1

    The following are specifically excluded from the Service:

    • (a)

      The cost of Domain name registration is specifically excluded from the cost of the Service;

    • (b)

      Advice or support for Invalid Enquiries;

    • (c)

      Any access by the Supplier to the Customer’s Web space via FTP or other electronic means unless with prior agreement with the Registered User;

    • (d)

      Advice or support to enquiries received from Unregistered Users

4. Customer’s Responsibilities

  • 4.1

    The Customer is responsible for ensuring that they will not display, store and make dispersal via the web space any information, data or document violating the law of the Socialist Republic of Vietnam and the International Regulations, which:

    • (a)

      Break, contravene, infringe or violate any applicable laws or regulations;

    • (b)

      Break, contravene, infringe or violate any intellectual property rights of Z.com or any other third party;

    • (c)

      Are defamatory, slanderous or libelous;

    • (d)

      Are harassing or threatening;

    • (e)

      Are discriminatory based on gender, race, age or promotes hate;

    • (f)

      Violate any Z.com’s policy posted on the Z.com’s website;

    • (g)

      Contain viruses or other computer programming defects which result in damage to Z.com or any third party.

    • (h)

      Propaganda, criticize, defame Vietnam’s government

    • (i)

      Instruct for use of military equipment such as bomb, mine,etc. for the purpose of terrorism.

    • (j)

      The materials, information that are erotic, and propagandise depraved lifestyle

    • (k)

      The documents, information that use language that lacks in culture, violates ethical standards, traditional culture of Viet Nam

    • (l)

      Documents and information related to business secrets.

  • 4.2

    Customer commits to comply with the provisions of copyright law, not to illegally use good trademarks, commercial trademarks that have been registered and protected, including but not limited the following cases

    • (a)

      Using and posting of tools to crack software, copyrighted products.

    • (b)

      Using, publishing software, music, video, book, photo, etc. that do not have copyright

    • (c)

      Other acts that violate law on patent, trademark, design right, copyright or any intellectual property rights or the rights of any individual.

    Simultaneously, Customer also has the responsibility to control and prohibit users from performing the acts mentioned above on his Website.

  • 4.3

    The Customer accepts that it may only utilize the Storage capacity, Bandwidth, Database, FTP capacity, Email account allocated to them in the relevant Hosting Package.

  • 4.4

    The Customer accepts that they will use only properly licensed third party software in relation to the Service.

  • 4.5

    The Customer is responsible for ensuring that they have made back-up files using the Back-up facility provided as part of the Service via Control Panel and the others. The data backup of Z.com only serves the purpose of our management. If the Customer asks Z.com to provide data, Z.com might send backup, but Z.com will not be responsible for the incident that occurs to this data.

  • 4.6

    The Customer further acknowledges and agrees that it:

    • (a)

      Will not use the Services in any way which violates or may violate a right of us or any third party;

    • (b)

      Will not use the Services in irrelevant way, which includes, without limitation;

      • (1)

        Interfere, disrupt or attempt to gain unauthorized access to any computer system, network or account for which you do not have authorization to access;

      • (2)

        Shall impair operation of provision of Services or operating of Service System.

      • (3)

        Use the harmful program like viruses, worms, Trojans, ... in the system.

      • (4)

        Carry out controlling network to intercept data.

      • (5)

        Attacked website with denial-of-service (DoS) causes overload for the system.

      • (6)

        Use program / script / command, or other programs that have the ability to influence slow down server, clog or stagnate system, such as resource depletion of the system, overload of the processor and memory.

      • (7)

        Any actions that change the control, monitor of bandwidth, usage report, or any actions that complicate management and operating process of Z.com, including but not limited to: replace, remove or tamper with the information in file logs

      • (8)

        Any actions that causes damage to Z.com or bad influence on Z.com’s operating activities.

    • (c)

      Retain sole contractual and any other legal or fiduciary responsibilities related to your User Data. In the event that any dispute in relation to your use of the Service arise, we shall not be liable for any of such dispute in any manner;

    • (d)

      Will not post, update, upload, publish or maintain and/or on, within, display, link or transmit any of the following content;

      • (i)

        Image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic);

      • (ii)

        Banner ad services for display on other websites or devices (commercial banner ad rotation);

      • (iii)

        File dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare);

      • (iv)

        Commercial audio streaming (more than one or two streams);

      • (v)

        Push button mail scripts that allow the user to specify recipient email addresses;

      • (vi)

        Anonymous or bulk SMS gateways;

      • (vii)

        Backups of content from another computer or website;

      • (viii)

        Bittorrent trackers; or

      • (ix)

        Any script that causes a degradation in the performance of our server or network environment.

    • (e)

      Comply with the provisions of the law on security, do not implement or permit the implementation of acts, including but not limited to:

      • (i)

        Unauthorized access to the information that the Customer is not allowed to access

      • (ii)

        Unauthorized access to the server that the Customer is not allowed to access

      • (iii)

        Unauthorized access to the account of other people

    • (f)

      Customer commits and ensures that all emails are sent in accordance with culture and law of Vietnam, and customer commits to be solely responsible for the content of the email sent from a mailbox in your account.

  • 4.6

    Customer is solely responsible for the violation of using rules even if the violation is conducted by friend, family, staff or user. Therefore, customers must have the obligation to keep the information identification, password or other confidential information related to your account safely, and immediately notify Z.com when discovering forms of unauthorized access by your account or the loopholes related to security, including loss, theft or disclosure of information about password and other confidential information.

  • 4.7

    Customer is responsible under the law for website content, application, data on your server, and you will have to accept all Z.com’s handling forms as well as Viet Nam’s authorities if the content violates the laws of Socialist Republic of Viet Nam.

5.Rights and responsibilities of Z.com

  • 5.1

    Z.com is allowed to provide services under the license that has been granted ,to ensure the legal and technical elements to operate, provide services like notice and conclusion in overall service contract

  • 5.2

    Z.com commits to support customers using the basic features of hosting and other features that hosting management software support fully and conveniently

  • 5.3

    Z.com does not commits to ensure the entire source code runs exactly as designed functions of the unit that provides software because of differences in requirement on software configuration and other services on server other than the common standards of Z.com.

  • 5.4

    Z.com has responsible for inspection and handling of cases that the system resources are blocked which leads to joint result to all or some of the service package of other users on the same server / server cluster infrastructure. The permitted interventions include: checking (but not modifying) the source code of the customer to find the cause; changing the parameters of management and resources that are relevant to the situation with the aim of ensuring overall performance of the system without affecting the basic parameters of the service package; temporarily lock the service package and / or asking customer to cooperate in case of force majeure that can not intervene because of congestion from external objective factors that are uncontrollable by Z.com (eg. DOS / DDOS / Botnet or hacked, etc.).

  • 5.5

    While using measures and efforts to ensure the integrity and safety for the serve, Z.com will not be responsible for compensation of the customer data stored in server of Z.com in case the system / server is ruined from illegal user, hacker or incidents due to force majeure: natural disaster, fire, server system that is broken physical hardware.

  • 5.6

    Z.com will not be responsible for accuracy of the information from anyone sent to the server, and Z.com will not have legal responsibility and compensation for loss or damage to the data stored on the server. Customer is responsible for performing maintenance and management of data on the server

  • 5.7

    All issues related to the service account that has been used are only settled through the customer’s system at Z.com. All forms of customer support such as telephone, meet directly at the company or live chat only have advisory nature.

  • 5.8

    In the worst case that the customer loses account, we will agree to return the account information when you provide payment confirmation or bring contract to the company directly. If having any dispute, we will retrieve account information when receiving the ID Card, papers related to Customer’s information that coincide with the information in the contract.

  • 5.9

    We ensure the security as highest as possible to guarantee data safety for the Customer excepting the new security faults that are discovered and there have not had any repairment from manufacturers of hardware / software yet.

  • 5.10

    In case hardware has some problems that leads to the fact that the data is lost, we will not be responsible, but we commit to restore data saved at the nearest backup server moment (if any).

6.Compliance with Laws and Regulations

  • 6.1

    You acknowledge and agree that by using the Service, you shall be deemed to have accepted and agreed to and is bound by MSA, this Order, Detailed Regulations and any applicable Laws.

  • 6.2

    We reserve the right to impose Additional Detailed Regulations applying to you on law-abiding spirit, balance the interests between customer and Z.com.

  • 6.3

    In the event of any inconsistency between this Order and Detailed Regulations, the terms of Detailed Regulations shall prevail over the terms of this Order, to the extent of the inconsistency.

  • 6.4

    Customer has the right to terminate the use of services when the next maturity of the service contract comes if you disagree with any provision or new change arising in content of service use regulation.

7. Service Registration Information

  • 7.1

    The Customer agrees to provide the Supplier with the following information in order to process your registration:

    • Customer name,
    • Customer company name,
    • mailing address,
    • telephone number,
    • fax number and
    • e-mail address.
  • 7.2

    If the Customer is registering the Service on behalf of a third party, the Customer hereby confirms that they have received their prior written consent to do so and their agreement to these terms and conditions. The Customer hereby indemnifies the Z.com against any actions or legal proceedings from any third parties relating to any such registrations.

  • 7.3

    In addition to the above information that customers provide, Z.com may request the Customer to provide additional necessary information or self collect by (i) from the log on our server, (ii) from cookies to provide better service for customers, for managing the website and evaluate the use of customers, to save the login information, to configure accounts of customers our system, and simultaneously provide other personalized utilities

  • 7.4

    The customers are responsible the correction of their registration information or of a third party, responsible to updated to Z.com immediately in the event of any change for the information listed above, including information of a third party using the service.

8. Personal Information

  • 8.1

    The Customer agrees that Z.com shall handle your personal information in accordance with laws and Z.com Privacy Policy.

  • 8.2

    Z.com will not process any data about any identification natural person that we obtain from the Customer in a way incompatible with the purpose and limitations described in this Agreement. Z.com will take reasonable precautions to protect the information Z.com obtain from the Customer from Z.com’s loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

  • 8.3

    This agreement authorizes the Z.com to use any information provided to them as required for the purpose of providing the Service, proviving customer information to a third party to perform providing service for customers, using customer information for the purpose to promote the image and services of Z.com, serving for charging, invoices, vouchers and prevent acts of shirking obligations under the contract and the same other legal purpose.

  • 8.4

    The Customer hereby irrevocably waives any and all claims and causes of action that the Customer may have arising from such disclosure or use of the Service registration information.

  • 8.5

    Z.com agrees that any information received from the Customer will not be used in any way except for the purposes stated in this agreement.

  • 8.6

    Z.com will take reasonable precautions to ensure that any information provided by the Customer is protected against loss, misuse, unauthorized access or disclosure, alteration or destruction.

  • 8.7

    In case there is request of authorities, Z.com is responsible for notice, inviting customers to work as the request of authorities. In cases the written request of authorities provides that the problems of customers have the criminal element, involving politics, national security, Z.com is exempted from liability of privacy from the request of police or security

  • 8.8

    Z.com do not bear any responsibility regarding to any loss or damage arising from the negligence of the Customer by make disclosures.

9.Term

  • 9.1

    This Order shall commence on the date as of the Customer first use of the Service and shall remain in effect for a period of months the Customer may select until respectively amending, supplementing or replacing.

10.Termination and Suspension

  • 10.1

    The Customer may terminate this Order without any reason upon 90 days prior written notice to Z.com. Customers are responsible for full payment until the day we confirm to cancel the account of customer.

  • 10.2

    Z.com may, in its sole discretion, suspend, modify or cancel this Order and/or remove the Customer’s User Data from Service System without notice, if according to assessment of Z.com:

    • (a)

      Customer fails to comply with any term of this Order, Detailed Regulations and all other applicable rules and laws;

    • (b)

      Customer’s use of the Service causes or is likely to cause immediate harm to the public interest or us, or which violates or is likely to violate any applicable laws;

    • (c)

      There are activities that threaten the stability of Z.com’s Service System;

    • (d)

      Customer’s use of the Service is found to constitute an infringement or other violation of a third party’s rights;

    • (e)

      The Service violates any laws, Internet conventions and any other regulations of corporations engaged in the Internet business or Internet users on a voluntary basis;

    • (f)

      Z.com need to comply with any applicable laws, government rules or requirements, court orders or requests of law enforcement;

    • (g)

      Any dispute in relation to the Customer’s use of the Service arise between third-party and Z.com or the Customer.

    In the above case, Z.com refuse, cancel or suspend service of customers basing on the decision of Z.com and should not inform for the client, and does not accept any liability whatsoever and not pay damages or refund. In some serious cases, according to the evaluation of Z.com, Z.com can use the intervention of law enforcement agencies. Customers will not be reimbursed for the time of suspended operations

  • 10.3

    In some other cases, by self evaluation and determination of Z.com, Z.com can inform customers about the acts contrary to the provisions in using the service or other irregularities and ask customer to fix. In expiration of allow duration, if customer does not complete the remedy, Z.com will suspend all service for customer.

11.Effect of Termination

  • 11.1

    In the event of termination of this Order, Z.com reserves the right to delete the Customer’s User Data immediately.

  • 11.2

    Termination of this Order for any reason does not affect the rights and obligations of either party arising prior to termination. Clauses 4, , 6, 7, 8, 10, 11, 13, 14, 15, 16, 18, and 19 shall survive termination of this Order.

12.Service Use by a Third Party

  • 12.1

    In the event that the Customer permits a third party to use the Service, or allow third party unauthorized to use your account, the Customer agrees to directly assume any and all obligations based on this Order.

  • 12.2

    Z.com is exempted from all responsibility for the agreements, commitments, promises between the Customer and third parties as well as the complaints and any claims for damage compensation by third parties against the Customer related to services provided.

13.Third Party Software

  • 13.1

    Z.com may grant the Customer to use the Third Party Software as part of the Service subject to this Order, Detailed Regulations, and any other the third party provider’s policies. The Customer may not disassemble, and reverse engineer the Third-Party Software.

  • 13.2

    The Customer acknowledges and agrees that;

    • (a)

      if Z.com modify, or terminate any of Third-Party Software, Customer shall cooperate in performing such steps.

    • (b)

      Z.com may provide the Customer’s personal information to third-party providers as required to provide the Third-Party Software.

    • (c)

      the third-party providers make no representations or warranties about any Third-Party Software, and expressly disclaim any liability arising of the Customer’s use of the Third-Party Software.

  • 13.3

    Z.com reserves the right to provide, modify, or terminate any of Third-Party Software at any time.

14.Fees

  • 14.1

    As consideration for Z.com providing hosting services to the Customer, Customer agrees to pay Z.com the amounts set forth in the Fee Table shown on Z.com website, as amended from time to time.

  • 14.2

    Z.com shall not be bound to provide any Service until such Fee is paid. All new services are activated only after all the costs for the new service has been paid in full.

  • 14.3

    All fees must be non-refundable, in whole or in part, even if the service is suspended or terminated.

  • 14.4

    Payment must be made by the methods Z.com indicates in application or renewal form. Z.com will renew the Customer’s name for Customer provided Customer’s billing information is available and up to date. If Customer’s billing information is not accurate and Customer wishes to renew his information, Z.com will contact Customer to update this information and charge accordingly.

  • 14.5

    Z.com will not refund any amount due to suspending of providing services for reasons that customers breach any provision regulating for using service

  • 14.6

    Z.com is not bound by any responsibility to preserve data, the operation of the website, rented server of customers or any other damages for the Client if customers have not implement the financial obligations in expiration day of payment

  • 14.7

    The service will not be converted to cash value, converted by time used for other services, including the active service, new registration service of the same customer or between customers together.

  • 14.8

    For the services in use, customers will be notified 7 days before expiration. Late payment must be notified to Z.com and be accepted. If the customer does not pay within 14 days of receiving the notice, Z.com will suspend services to customers and is not liable for any damage suffered by the customer due to the suspension.

15.Intellectual Property

  • 15.1

    Z.com, or its suppliers and/or licensees, shall own all right, title and interest in and to the Service System, as well as all patents, trademarks, trade names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property.

  • 15.2

    For all violations of intellectual property rights of the Customer or Customer's users, whether intentionally or unintentionally, Z.com reserves the right to stop any services provided, request to terminate violations, force to pay damages and request the competent authorities of Vietnam to resolve according to law.

16.Dispute Policy

  • 16.1

    The Customer agrees to be bound by the Z.com’s Dispute Policy which can be found on MSA.

  • 16.2

    The Customer also agrees that in the event that a dispute arises with any third party, the Customer shall indemnify and hold the Z.com harmless pursuant to the terms and conditions contained in the Dispute Policy.

17.INDEMNIFY

  • 17.1

    Customer will be responsible and pay all damage compensation for any violation of the provisions that cause damage to Z.com, In case Z.com is sued by the behavior of the customer, the customer shall be liable for compensation and pay all charges including but not limited to court costs, attorney's fees, cost for recovery consequence, etc.

18.Disclaimer and limitation of liability

  • 18.1

    IN NO EVENT SHALL Z.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHICH IS SUFFERED OR INCURRED IN CONNECTION WITH OR RELATING TO THIS ORDER OTHERWISE ARISING OUT OF THE RELATIONSHIP BETWEEN THE CUSTOMER AND Z.COM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Z.COM WERE AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

  • 18.2

    THE CUSTOMER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAWS, Z.COM’s TOTAL AGGREGATE LIABILITY TO THE CUSTOMER FOR ANY AND ALL LOSS IS LIMITED TO THE FEES (LESS ANY TAXES) PAID TO Z.COM BY THE CUSTOMER UNDER THE APPLICABLE ORDER IN THE 12 MONTHS PRIOR TO THE LOSS OCCURRING (LESS ANY OTHER CLAIMS PAID BY WE IN CONNECTION WITH OR RELATING TO THAT ORDER IN THAT PERIOD.)

  • 18.3

    Z.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, DO NOT MAKE ANY GUARANTEE REGARDING THE AVAILABILITY, POSSIBILITY, OR TIME REQUIRED TO PROVIDE THE SERVICE NOR WILL NOT PERFORM USER DATA BACKUPS OR ARCHIVES.

19.Modification

  • 19.1

    Z.com may, in its sole and absolute discretion, change or modify this Order, Detailed Regulations and any policies or agreements to suit with each type of service in the spirit of compliance of Vietnam law, international regulation relating interests among Z.com and Customers, which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to our Site or upon notice. Clients are deemed to have agreed and are responsible for compliance with the latest regulations used to be posted on the website of Z.com if customer continue to use the service of Z.com immediately after this point. If the Customer does not agree to be bound by this Order as last revised, do not use (or continue to use) Services.

20.Contact with Z.com

  • 20.1

    The Customer acknowledges and recognizes that all contact with the Supplier in the first instance should be made via Live Help, the Helpdesk or via e-mail to https://cloud.z.com/vn/en/terms

Fee Table

Fee Table should be shown on the website, and as amended from time to time
URL: https://cloud.z.com/vn/en/

Z.com SSL Service Order

This Z.com SSL Service Order (hereinafter, “Order”) is provided by an integral part of the Master Service Agreement (hereinafter, “MSA”). The following terms and conditions shall apply to the Z.com SSL Service (hereinafter, “Service”) including but not limited to digital certification issuance, renewal, or revoke. This Order means the basic regulations on SSL usage for users, as defined in the MSA. The Applicant and Subscriber should read this Order in conjunction with the MSA which can be viewed at: https://cloud.z.com/vn/terms/ By receiving the Service, the Applicant and Subscriber shall be deemed to have agreed on this Order rules and to be bound by it.

1. Definitions

Unless otherwise defined in MSA, the following terms used in this Order shall have the meanings as described herein.

  • (1)

    Applicant: The natural person or legal entity that applies for (or seeks renewal of) digital certificate (hereinafter, “Certificate”). Once the Certificate issues, the Applicant is referred to as the Subscriber.

  • (2)

    Certification Authority ("CA"): An organization that is responsible for the creation, issuance, revocation, and management of Certificates. The term applies equally to both Roots CAs and Subordinate CAs. This CA is managed by GlobalSign or an entity which is certified by GlobalSign to issue the Certificate to the “Subject”. GlobalSign is Applicant’s CA hereunder.

  • (3)

    Detailed Regulations: Any regulations, provisions, rules as described below, which the applicant and subscriber should read and follow with respect to each SSL Service.

    GlobalSign Terms and conditions, and Policies on Repository:
    https://www.globalsign.com/en/repository/

    • (1) GlobalSign Subscriber Agreement
    • (2)Revocation Request
    • (3)Warranty Policy
    • (4)Privacy Policy
    • (5)Terms of Payment
    • (6)Refund & Cancellation Policy
    • (7)GlobalSign Logo Usage Guidelines And;
    • (8)Other related Regulations to be applied as the case maybe
  • (4)

    GlobalSign: Company’s name of GMO GlobalSign whose main office is located in Tokyo, Japan, and who is the original issuer of the Certificate and CA owner.

  • (5)

    Z.com: means the Brand name of its business herein.

  • (6)

    SSL: Short term of “Secure Socket Layer” meaning the protocol which enables data encryption on computer network communication. However herein, in the narrow sense, it means “SSL digital certificate for servers” which is an electronic authentication system utilizing this SSL technology. Digital certificate means by which consumers and businesses can utilize the security applications of PKI technology which enables secure e-commerce and Internet communication.

  • (7)

    Subscriber: The natural person or Legal Entity to whom a SSL is issued and who is legally bound by MSA and this Order rules. And it is the same meaning with “user” or “customer” of SSL service in the terms of MSA.

  • (8)

    Z.com SSL Services: Services of providing the Certificate to Subscribers to utilize it for their data origin authentication.

2. Terms and conditions

  • 2.1

    MSA and this Order
    The Applicant and Subscriber should read this Order in conjunction with the MSA which can be viewed at: https://cloud.z.com/vn/terms/ By registering for the Services, Subscriber is ought to acknowledge terms and conditions, and to agree to be bound by those provisions. And in addition, Subscriber shall be bound by Detailed Regulations.

  • 2.2

    Usage condition
    Other than the rule in 2.1, when Subscriber starts to use the Services, this Subscriber shall be deemed to accept all the terms and conditions of MSA, this Order and Detailed Regulations.

3. Z.com distribution

  • 3.1

    Z.com distribution
    Z.com has been granted the right to distribute the Certificate by GlobalSign to Subscriber and to sales partners.

  • 3.2

    Advance payment
    After acceptance of payment of applicable fees from Applicant, Z.com or a third party provider designated by Z.com shall provide the SSL services herein.

  • 3.3

    Priority on GlobalSign Subscriber Agreement
    In the event of any inconsistency between this Order and GlobalSign Subscriber Agreement, the terms of GlobalSign Subscriber Agreement shall prevail over the terms of this Order, to the extent of the inconsistency.

4. Compliance with regulations

  • 4.1

    Compliance
    Subscriber agrees to use the Services in accordance with applicable laws, other than Detailed Regulations.

  • 4.2

    Additional Regulations
    Z.com reserves the right to impose Additional Detailed Regulations applying to Subscriber.

  • 4.3

    Priority on Detailed Regulations
    In the event of any inconsistency between this Order and Detailed Regulations, the terms of Detailed Regulations shall prevail over the terms of this Order, to the extent of the inconsistency.

5. Personal Information

  • 5.1

    Subscriber agree that Z.com and GlobalSign shall handle Subscriber’s personal information in accordance with laws, and Z.com may provide Subscriber’s personal information to GlobalSign for the purpose of providing Services to Subscriber.

  • 5.2

    Z.com will not process any data about any identification of natural person that Z.com obtains from Subscriber in a way incompatible with the purpose and limitations described in this Agreement.

6. Fees and Services

  • 6.1

    Z.com defines the “Fee table” of each service on web-site separately.

  • 6.2

    Subscriber’s application will not be provided until Z.com receives actual payment of the service fee. If Z.com does begin the service prior to payment of the serviced fee, Z.com reserves the right to cancel that registration or restrict use of the SSL service until payment has been received.

  • 6.3

    Z.com defines each service on web-site separately.

7. Term

This Order shall commence on the date of the creation of Subscriber’s account of Z.com. It shall remain in full force during the length of the term of Subscriber’s usage as selected. When Subscriber choose to renew or otherwise lengthen the term of Subscriber’s service, then the term of this service shall be extended accordingly.

8. Subscriber’s Representations and Warranties

Subscriber covenants that:

  • (a)

    Subscriber shall comply with this Order, Detailed Regulations and other applicable rules and laws, including those concerning trademarks and other types of intellectual property rights, as these may now exist or be revised from time to time.

  • (b)

    Subscriber shall not use the Services in any way which violates or may violate a right of GlobalSign, Z.com or any third party.

9. Termination and Suspension

Z.com may, in its sole discretion, suspend, lock, modify, cancel or transfer the Domain Name and/or terminate this Order without notice, if;

  • (a)

    Subscriber fails to comply with any term of this Order, Detailed Regulations or other applicable rules and Laws;

  • (b)

    Subscriber’s use of the Service causes immediate harm to the public interest or Z.com, or violates applicable Laws;

  • (c)

    Subscriber’s use of the Service is found to constitute an infringement or other violation of a third party’s rights; or

  • (d)

    The Service violates any laws, the CA/Browser Forum Baseline Requirements, or guidelines.

10. Effect of Termination

Termination of this Order for any reason does not affect the rights and obligations of either party arising prior to termination. The following articles shall survive termination of this Order.

  • - 4. Compliance with laws -5. Personal Information - 6. Fees
    - 11. Limited Warranty

11. Limited Warranty

  • 11.1

    To the extent permitted by law, and except as otherwise provided herein, Globalsign disclaims all warranties including any warranty of merchantability and /or fitness for a particular purpose.

  • 11.2

    Z.com’s liability to the Subscriber shall be according to Warranty Policy of GlobalSign.

    *Warranty Policy
    https://www.globalsign.com/en/repository/globalsign-warranty-policy.pdf

  • 11.3

    Otherwise, the warranty of the Service shall be according to the said article of GlobalSign Subscriber Agreement.

12. Modification

Z.com may, in its sole and absolute discretion, change or modify this Order, Detailed Regulations and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to our web-site or upon notice. Subscriber’s use of the Services after such changes or modifications have been made shall constitute Subscriber’s acceptance of this Order as last revision.

13. Contact with Z.com

Customer acknowledges and recognizes that all contact with Z.com in the first instance should be made via our support telephone number, of 1900.636.788

「Z.com Pre-Pay」Terms and Conditions

Article 1 (Application)

  1. Z.com Pre-Pay Terms and Conditions (hereinafter referred to as “terms”) are special provisions set forth by GMO-Z.com RUNSYSTEM JSC. (hereinafter referred to as the “company”) for the Z.com Master Service Agreement (hereinafter referred to as “MSA”). This applies to members who use this service, Z.com Pre-Pay.
  2. These terms are assumed to be part of the MSA. In the event that any of these terms are inconsistent or infringe upon the MSA, these terms take precedence in respect to the use of Z.com Pre-Pay.

Article 2 (Definition of Terminologies)

The terminologies used in the terms have their meaning set forth in the original contract in addition to the provisions within each of the following.

  • (1)

    “Z.com Pre-Pay” is a prepaid payment method issued by the company. It may only be used for the payment of fees for Domain Registration, Cloud services, SSL service, or other related incidental services provided under the name “Z.com”, or used for the payment for other due obligations of the Customer or the material responsibility of the Customer to the Company arising during the Customer’s use of services at Z.com.

  • (2)

    The “Control Panel” is provided for members by this company for use with this service. It is an administrative tool containing membership information, etc.

Article 3 (Z.com Pre-Pay)

  1. Members can add on their account by valid credit card, bank transfer, online payment such as “Baokim Deposit”, or in cash and check, up to 50,000 VND to Z.com Pre-Pay at the time of initial purchase
  2. Z.com Pre-Pay has a limit per membership of 1000,000,000VND. It should be noted that the company may subject specific members to separate determinations of pre-charge amounts for purchase maximums for Z.com Pre-Pay and ownership ceiling amounts when using this service.
  3. Individuals who buy Z.com Pre-Pay at the Company include:
    • a)Person who is enough 18 years old and has full civil capacity to act in accordance with the law of Viet Nam;
    • b)Person who is enough 15 years old to under 18 years old, and he is not lost or limited civil capacity to act, as well as he has his personal property to ensure the implementation of obligations in payment account opening;
    Person who is under 15 years old to under 18 years old, and he does not belong to subject prescribed at Point b, Item 1 of this Article, person who is lost or limited civil capacity to act according to Viet Nam’s law purchases Z.com Pre-Pay through guardian or legal representative. It should be noted that the company assumes the member has been given consent and has full legal capacity if he/she is using Z.com Pre-Pay.
  4. Customer who is legal entity that buys Z.com Pre-Pay must be the Organization that is established and operates legally under Viet Nam’s law and has full jurisdiction and / or receives full delegation of power from legal representative of the legal entity to buy and use Z.com Pre-Pay service.
  5. The member must use a payment method approved by the company to purchase Z.com Pre-Pay. The member is responsible for any transfer fees or other costs relating to the purchase.
  6. Payment currency when customer buys Z.com Pre-Pay is the Viet Nam Dong (VND), in case payment currency is another foreign one, it will be converted to VND based on purchase rate by the State Bank of Viet Nam which announces at the time of payment. In this case, customer commits and is responsible for compliance with the provisions of law on foreign exchange management.
  7. Z.com Pre-Pay will not accept any responsibility for disputes that arise between third parties.

Article 4 (Using Z.com Pre-Pay)

  1. If a member chooses to use Z.com Pre-Pay as a payment method for paying service charges, the amount equivalent to the fees, etc. will be deducted from the Z.com Pre-Pay balance on the due date of the fees, etc.
  2. If a member holds a Z.com Pre-Pay with a different date of purchase, the balance from the one with older date will be used first.
  3. The company, in accordance with this section, will not accept any responsibility for the results and/or damages that occur to a member or a third party in the event that the member pays for the usage of Z.com Pre-Pay and Z.com Pre-Pay is not refunded, or the usage is not canceled, etc. However, if a member mistakenly uses Z.com Pre-Pay to pay for usage charges, etc. for the service, the relevant appropriated Z.com Pre-Pays will be refunded to the member.
  4. The company assumes that Z.com Pre-Pay is being used by the membership holder when Z.com Pre-Pay is being used.
  5. If a member has pre-charged less than the amount required, he/she must switch to another means of payment to the provisions of the company, purchase a new Z.com Pre-Pay in an amount equal to the difference, or pre-charge the required amount by midnight on the day of the occurrence. It should be noted that even if the member changes over to another means of payment, if there is a balance left on Z.com Pre-Pay, usage fees of this service will be deducted from Z.com Pre-Pay until its balance becomes 0 VND.
  6. If a member does not purchase a new Z.com Pre-Pay for an amount equal to the difference of the balance of the Z.com Pre-Pay and pre-charge amount required, or if the member does not perform the procedure of switching to another means of payment to the provisions of the company, the company can take measures in addition to the provisions of Article 7 and suspend the service. In addition, if the member has not taken measures by the date the company specifies, it is assumed that membership cancellation can be enacted. The company does not assume any responsibility for any resulting damage to the member or a third party by taking these measures.
  7. In case Pre-Pay Z.com processing system is broken down or other reasons arising beyond control of the Company, at the request of the Company, the Customer agrees to use an appropriate form of payment to continue using the services of Z.com.

Article 5 (Z.com Pre-Pay Balance Confirmation)

  • 5.1

    Z.com Pre-Pay balances can be checked through the control panel.

  • 5.2

    Z.com has no obligation to pay to the Customer any interest on Z.com Pre-Pay balance of customers in any case.

  • 5.3

    In case of customer’s requirement, the Company may provide details of service charges or any amount that the Company has withheld from Customer’s Z.com Pre-Pay on customer’s control panel.

Article 6 (Expiration Date)

  1. Z.com Pre-Pay automatically expires two years after the member stops using all services.
  2. In spite of the preceding paragraph, if a member unsubscribes or loses his/her membership for reasons attributable to the member, all unused balance on the member’s Z.com Pre-Pay shall disappear. The company does not assume any responsibility for resulting damages caused to a member or a third party by the disappearance of the balance.

Article 7 (Usage Restrictions)

  1. It is assumed that the company, if any of the following is applicable, can stop and revoke the use of Z.com Pre-Pay.

    • (a)If a member violates the MSA or these terms
    • (b)If having written requirement for Customer’s Z.com Pre-Pay payment and the Customer has fulfilled all obligations related to the payment account;
    • (c)If the Customer is individual who is died, declared that he died, missing or lost the civil capacity to act;
    • (d)If the Customer is the Organization that terminates operation under the law;
    • (e)In addition to the above, the company may stop or revoke the use of Z.com Pre-Pay for any reason deemed substantial
  2. The company has taken the measures set forth in the preceding paragraph and thus without prior notice to the Customer, not refund any money from Customer’s Z.com Pre-Pay balance and does not assume any responsibility for resulting damages caused to a member or a third party.
  3. Z.com Pre-Pay balance of each customer is only used to pay for the due obligations related to the Customer’s use of service at Z.com. Accordingly, Z.com Pre-Pay balance of the Customer will not be used to pay for the financial obligations of any other customers.

Article 8 (Obligations of Customer who owns Z.com Pre-Pay )

  • 8.1

    It is assumed that members will not transfer, loan, give, buy or sell, or take part in any other form of disposing of their Z.com Pre-Pay to third parties (including other members).

  • 8.2

    Ensuring minimum and maximum payment when purchasing Z.com Pre-Pay according to regulations and policies of Z.com from time to time.

  • 8.3

    Immediately notifying to Z.com when discovering any errors or mistakes on your Z.com Pre-Pay control panel or having doubt that your Z.com Pre-Pay has illegal been abused;

  • 8.4

    Providing relevant information fully, clearly and accurately when Z.com purchasing Z.com Pre-Pay. Immediately notifying and sending relevant to the Company when being required to prove the right to buy and use Z.com Pre-Pay;

  • 8.5

    Customer is responsible for the damage caused by errors or by the fact that you are taken advantage or cheated when using Z.com Pre-Pay because of your fault;

  • 8.6

    Z.com Pre-Pay is not considered as a payment currency or exchange value in all cases;

  • 8.7

    Member who owns Z.com Pre-Pay has no rights for property to Z.com Pre-Pay, including but not limited to the right to donate, transfer, mortgage, pledge, bequeath,etc. and other property rights.

Article 9 (Refunds)

  1. The company, as a general rule, will absolutely not provide refunds or cash, etc.
  2. In spite of the preceding paragraph, the company, where applicable in any of the following, may issue a refund of Z.com Pre-Pay based on laws relating to payment settlement or other relevant laws and regulations.
    • (1)If a whole or part of Z.com Pre-Pay’s issuing service is terminated (unless due to company split, transfer, or mergers wherein the business of taking over issuance has been made)
    • (2)If we determine that the use of Z.com Pre-Pay has become extremely difficult due to membership limitations
    • (3)In addition to the preceding items, if the company determines that a refund is reasonable based on the settlement method, etc., there is a chance that Z.com Pre-Pay may be refundable.
  3. Customer agrees that the Company completely has the right to consider and decide on refunding for each group of customers, in each case, the time and method of refund, rebate, etc. under unilateral provisions of the Company.

Article 10 (Invalidation)

If the relevant Z.com Pre-Pay falls under any of the following it will be considered null and void.

  • (1)Z.com Pre-Pay was obtained through unauthorized or improper means
  • (2)A forged or altered Z.com Pre-Pay

Article 11 (Cancellation and Suspension)

  1. It is assumed that the company, if applicable in any of the following, shall be able to suspend or cancel a purchase, issuance, or use of Z.com Pre-Pay without having to give advanced notice to a member.
    • (1)If there is a situation beyond reasonable control of the company that occurs or could possibly occur, such as natural disasters, epidemics, radioactive contamination, large-scale pollution, or others
    • (2)If for any unavoidable reasons failure occurs due to construction, maintenance on telecommunications equipment, or others
    • (3)If laws and regulations (including, but not limited to, fund transfer methods, etc.) have been enacted
    • (4) If having written request of the competent authority under the provisions of Viet Nam’s law
    • (5) If Z.com discovers that the Customer has signs of fraud, breach of rules on using Z.com Pre-Pay.
  2. The company does not assume any responsibility for any resulting damage to members or third parties by measures taken in the preceding paragraphs.

Article 12 (Discontinuation)

The company assumes that we can discontinue all or parts of Z.com Pre-Pay at our discretion. In this case, Z.com Pre-Pay balance will be maintained respectively without cash refund for Member.

(Supplementary Provisions)
This agreement shall be in effect from October 20st, 2015.

Z.com MyStoreApp Service Order

This Z.com MyStoreApp Service Order (including Appendix. hereinafter referred to as the “MyStoreApp Order”) is an integral part of the Master Service Agreement (hereinafter referred to as the “Agreement” or “MSA”) and is entered into by and between you, the Customer and GMO-Z.com RUNSYSTEM JSC. (“Z.com” or the “Company”).

The Customer should read this MyStoreApp Order in conjunction with the MSA which can be viewed at the following link: https://cloud.z.com/vn/terms/

By submitting an Order for any of the MyStoreApp Services, and/or using any of the MyStoreApp Services, you, the Customer, hereby enter into this MyStoreApp Order and indicate your acceptance to be bound by the terms and conditions of this MyStoreApp Order. Upon your acceptance, you confirm that you have read this MyStoreApp Order, and all terms and conditions of this MyStoreApp Order shall govern your purchase and use of the MyStoreApp Services and all other matters in connection therewith. This MyStoreApp Order shall be effective from the date of your entry into this MyStoreApp Order. It shall be binding upon the parties hereto and their respective successors, legal representatives, permitted assigns and sub-contractors.

1. Definitions

In addition to the following terms defined below, the terms used in this MyStoreApp Order shall have the meanings as set forth in the MSA:

  • “Service System” means the server, software and program operated by us in relation to the provision of the MyStoreApp Services.

  • “Apps” means the complete suite of software for the smart phone program, more specifically described in the Fixed Specification.

  • “Fixed Specification” means the document describing the functional and technical requirements for the Apps as further developed and agreed.

  • “Management Tool” means the software provided by the Company, together with any upgrades, error corrections, modifications, or enhancements developed by the Company and made generally available to the Customer. The details of Management Tool is set out in the link below: https://storeapp.z.com/vn

2. Provision of MyStoreApp Service

  • 2.1

    During the term of this Order, the Company shall provide the Customer with MyStoreApp Services. The MyStoreApp Services provided to you under this MyStoreApp Order include:

    • (a)

      Development, submit and maintenance of the Apps;

    • (b)

      Provision of Management Tool

  • 2.2

    The specific terms and conditions of each of the MyStoreApp Services are set out in the link below: https://cloud.z.com/vn/terms/

3. Fixed Specification

The Customer agrees to make and to provide, in a form, manner and medium, the Company with the Fixed Specification in connection with the Apps.

4. Development of Apps

  • 4.1

    The Company shall deliver to the Customer, in a form, manner and medium reasonably specified by Company the source code of the Apps.

  • 4.2

    The Customer shall inspect and test the Apps, so as to satisfy the Apps complies with the Fixed Specification. Following the inspection, the Customer shall notify the Company in writing if it is satisfied that the Apps, as delivered, meet the requirements specified in the Fixed Specification (“Test Completion Notice”). The Customer shall ensure that all tests are completed and Test Completion Notice is delivered within five (5) business days after the reception of the Apps(“Acceptance Test Period ”).

  • 4.3

    If the Customer identifies any material defects in the Apps, without prejudice to any other rights or remedies of the Customer:

    • (a)

      the Customer shall, during the Acceptance Test Period, give written notice to the Company of each such material defect and, thereafter, shall provide the Company with all additional information and assistance that the Company may reasonably request in relation to the material defect;

    • (b)

      the Company shall correct each such material defect as soon as reasonably possible and after each material defect has been corrected, the Company shall notify the Customer; and

    • (c)

      promptly on receipt of the Apps that a material defect has been corrected, the Customer shall repeat its tests to satisfy that the material defect has been corrected and shall notify the Company in writing if it is satisfied that whether the material defect has been corrected.

  • 4.4

    The Apps will be deemed to have been accepted by the Customer if the Customer does not notify the Company of any material defects during the Acceptance Test Period or makes use of the Apps for any purpose other than completing the tests.

  • 4.5

    The Company warrant that the Apps will, at the time of delivery, comply with the Fixed Specification.

5. Ownership of Apps

  • 5.1

    Upon acceptance and payment-in-full, ownership of all right, title, and interest (including ownership of copyright and all other intellectual property rights) in and to all portions of the Apps that are made specifically and customized by the Company for the Customer shall vest in the Customer. However all right, title, and interest (including all intellectual property rights) in and to all other portions of the Apps, including without limitation the Company’s pre-existing works, modules and general tools, knowledge and know-how used to perform the MyStoreApp Services (the “Company’s Properties”)shall vest in the Company.

  • 5.2

    The Company hereby grants to the Customer a non-exclusive, non-transferable licence to use Company’s Properties in connection with the Customer’s use of the Apps.

6. Submitting Apps

After receipt from the Customer of the Test Completion Notice, on behalf of the Customer, the Company shall submit the Apps on the AppStore (http://itunes.apple.com/<country>/app) and/or GooglePlay (http://play.google.com/store) in the name of the Company or other legal entity designated by the Company. The Company may notify the Customer of the fact the Apps has been submitted and other information in connection with the Apps. .

7. Provision of Management Tool

  • 7.1

    The Company grants the Customer a non-exclusive, non-transferable licence to use the Management Tool for the use of the Apps.

  • X.2

    The Customer shall not use the Management Tool for any purpose other than the purpose that is expressly permitted by the Company.

8. Fees

  • 8.1

    All Fees payable in respect of this Order are as set out in Fee Schedule.

  • 8.2

    The Customer shall pay (1) the Initial Fee and (2) the Monthly Fee, as stated in the Fee Schedule, subject to presentation by the Company of the appropriate invoice.

  • 8.3

    The Customer shall pay all amounts (1) by electronic transfer to the Supplier’s bank account, as notified to the Customer in writing from time to time, (2)in cash ,or (3) otherwise provided in this Order.

  • 8.4

    All amounts in this Order are stated inclusive of all taxes, levies, charges and other similar imposts and amounts.

  • 8.5

    All fees must be paid in full and are non-refundable, in whole or in part, even if the provision of MyStoreApp Services is suspended or terminated.

  • 8.6

    If, during the term of this Order, this Order may terminated (1) by the Company due to the fault of the Customer, or (2) by the Customer in its discretion, the Customer shall immediately pay the Company any remaining part of the Fees (including but not limited to the Fee for remaining term of this Order) in respect of this Order. On or after termination of this Order the Company may issue an invoice for all Fees and any other amounts payable to the Company but not included in a previous invoice. The Customer shall pay those amounts within 7 days of the date of the invoice.

9. Term

  • 9.1

    This Order commences on the date this Order is executed (“Effective Date”) and continues until the first anniversary day that the Apps has been submitted by Apple, Inc and/or Google,Inc (the “Initial Term”). Upon conclusion of the Initial Term, all provisions of this Order will automatically renew for successive one (1) year renewal periods, unless the Customer provides written notice to the Company of its intent to terminate this Order not less than thirty (30) days before the end of the current term.

  • 9.2

    The Customer may terminate this Order without cause upon thirty (30) days written notice to the Company. Upon such termination by the Customer, the Customer shall pay to the Company all of the fees that would have come due and payable under this Order.

10. Warranties

  • 10.1

    Except as otherwise provided in this Agreement, The Company does not provide any warranty with respect to MyStoreApp Services and THE MyStoreApp SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

  • 10.2

    Nothing herein shall be construed to guarantee that the Apps will be, or remain submitted by Apple,Inc and/or Google,Inc.

11. Third party claim

In the case any third party makes any claim against the Company on grounds that the Customer’s use of the MyStoreApp Service infringes any rights of right, the Customer indemnifies the Company against:

  • (a)

    all damages against the Company in respect of that claim;

  • (b)

    any liability arising out of or in connection with that claim

  • (c)

    the Company’s reasonable costs and expenses (including reasonable legal fees) in connection with that claim.

12. Intellectual Property

The Company, its suppliers, third-party agents and/or licensees, shall own all rights, title to and interest in and to Service System, as well as all patents, trademarks, trade names, service marks, copyrights, trade secrets, proprietary information and all other forms of intellectual property arising from or related to the MyStoreApp Services in anyway whatsoever.

13. Precedence

In the event of any inconsistency between the terms of the MSA and this Order, to the extent of the inconsistency, the terms of this Order shall prevail

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