Regulations on Use of Telecommunications Services (in use)
This provision will govern the activities of customers and suppliers related to the use of telecommunications services.
- Party A: Individuals or organizations registering to lease telecommunications services.
- Party B: DTS Communication Technology Company, based at 287B Dien Bien Phu, District 3, Ho Chi Minh City and is a telecommunications service provider on the page https://dtstelecom.com.vn.
- Party A, also known as the service user, is considered to have sufficient capacity to participate in civil transactions in accordance with the provisions of the current law.The agreement or agreement with this commitment is entirely due to the willingness of both parties.
II. Terms of commitment
- Responsible for obtaining the conditions for using the Service, and such conditions of use may be related to the payment to third parties (such as fees for Internet service providers, airtime charges). , software license fees, …). In addition, you must equip yourself and be responsible for all equipment and software needed to use the Service.
- Provide the latest, complete, honest and accurate information about yourself according to the instructions in the Customer Information Form – the new customer section.At the same time, Party A must maintain and promptly update Customer Information to ensure that this data is current, complete, truthful and accurate. If you provide any information that is not current, incomplete, dishonest or inaccurate information, or if Party B has reasonable grounds to suspect that the information is not informative Current, incomplete, dishonest or inaccurate information and potentially detrimental to legitimate rights and interests of Party B, Party B has the right to suspend or terminate the right to use the services of Party A.
- Taking full responsibility to the law for all information and data of Party A or any third party stored or transmitted from or through the service of Party A.
- Responsible for the act of deliberately attacking, spreading dangerous code for the purpose of copying, stealing, damaging the security of other people’s data from or through the service using Party A.
- Responsible for compliance and management of technical specifications provided by Party B. Use the service in accordance with the agreement and comply with Vietnamese law.
- Responsible for intellectual property issues, including: copyright to use the software, the cost of using the software, … as well as full responsibility for violations of the law inside and outside Party A’s intellectual property related to Party B.
- Responsible for providing information at the request of competent State agencies in accordance with the provisions of law.
- No other person or organization may use the service provided by Party B without the written consent of Party B.
- Do not store, distribute or release information, data or documents that are contrary to the laws of the Socialist Republic of Vietnam.
- Can not:
- Fake email or send spam test (spam mail).
- Using software, images, information, … contrary to Vietnam’s intellectual property law and signed international documents.
- Phishing online.
- Intentionally using attack tools to make the system overload (codes that cause Server or DDoS).
- Carrying out other acts contrary to the provisions of law.
- Pay to Party B within 3 days after receiving bill of Party B or other time as stipulated in the Contract.
- Party A is solely responsible for data loss incidents that are not related to the service provider.
- It is responsible for providing truthful, complete and accurate information and documents required by Party B in the process of providing services and responsible before the law for such information.
- Commitment to protect Party B against any third party’s complaints and compensate Party B for all losses and expenses incurred due to law violations and violations of regulations This is done by Party A and the Parties related to Party A during the use of Party B’s services and after the service has ended.
- Party A and Party A’s personnel entering and leaving the premises to carry out activities related to Party A’s activities must comply with the Data Center’s internal rules of Party B and shall be liable to pay damages to Party B in in case Party A has committed violations.
- Ensure, properly provide the technical configuration required by Party A in the order section.
- Commitment to the quality and time of service delivery as required by Party A’s service package.
- Commitment to provide services to Party A within seven (7) working days after receiving Party A’s order or other time as stipulated in the Contract.
- Do not refund money to customers in cases when Party A wants to end the service before the service expiration time but not related to technical error of Party B.
- After announcing the charge to Party A until the payment deadline is three (03) days, but Party A does not pay the new charge to Party B, then Party B has the right to suspend / cancel the service of Party A.
- Receiving, considering and resolving complaints of Party A regarding services in accordance with the regulations on receiving and resolving customer complaints issued by competent State agencies.
III. Cases of full exemption or partial exemption of responsibilities:
1. The Parties are exempt from liability for their violations if they fall into one of the following cases:
1.1. Events of force majeure.
Force majeure events are unforeseen and unforeseen events that cannot be remedied despite all necessary measures and the ability to allow them to be unable to be performed or not can fulfill or fulfill obligations, including but not limited to situations such as natural disasters, enemy sabotage, floods, storms, fires, earthquakes or other natural disasters and force majeure events manmade such as strikes, war, economic siege, in case of changes in law provisions …
1.2. Violation of a party is entirely the fault of the other party.
1.3. Violation of a party by the execution of a decision of a competent state management agency that the parties cannot know at the time of entering into the contract.
Where conditions 1.1 and 1.3 occur, the Parties are exempt from liability to compensate for damage or to extend the duration of contract performance if they prove these exemption cases. When events 1.1 and 1.3 are terminated, the Parties will continue to perform the Contract if the continuation of the Contract is possible. If event 1.2 occurs, it depends on the level of violation of each party that is handled.
2. In all cases including disputes, total penalty obligations, damages of Party B to Party A shall be at most equal to the value of the contract entered in one year or one hundred million Vietnam Dong, Whichever value comes first.
3. In no event shall Party B assume any responsibility for indirect, incidental or consequential damages, including, but not limited to, loss of profits, business collection, except as otherwise provided in the Contract.
IV. Handling violations and resolving disputes:
Any dispute relating to the contract or the performance of the Contract shall first be resolved through negotiation and conciliation between the Parties. In the event that the Parties cannot resolve the dispute by negotiation or conciliation, the dispute shall be resolved by a competent court in accordance with Vietnamese law. The ruling of the court is the final ruling and is binding on both Parties.
During the dispute settlement process, Party A still has to pay in full the prescribed fee. Complaints related to freight charges will be resolved in the next charging period.
V. Service term, suspension of service and termination of service:
– Term of using the service: as agreed by the parties in the contract or order. After the expiry of the term, if there is no other agreement and notice between the two parties, this agreement will be automatically renewed once 1 term of the new contract with the same term at the time of the agreement expires. according to the.
– Party B is entitled to suspend service in the following cases:
- Party A does not pay Party B within 3 days from the date of receiving the notice of charge or other time as stipulated in the Contract.
- Party B found it necessary to suspend the service for the safety of the network and other customers.
- At the request of the competent authorities of the State.
- Party A violates the law or violates the conditions for using telecommunications services.
– Party B is entitled to terminate the service in the following cases:
- Party A unilaterally terminates the service and must notify Party B 30 days in advance and is obliged to fulfill payment obligations with Party B.
- In case Party A unilaterally terminates the contract before the expiry of the contract term, Party A shall pay Party B 50% of the fee for the remaining unused time of the contract term or other agreement in Contract.
- After seven (07) days from the expiry date of payment, but Party A still does not pay the fee to Party B, Party B has the right to suspend or terminate the contract.
- Either party is bankrupt or no longer capable of doing business in accordance with the law.
- When a force majeure occurs under the provisions of Section III, and the parties cannot continue to implement this agreement.
– The parties to confidentiality and without the prior consent of the other Party, must not disclose to any third party any documents or information relating to this Agreement, ie the recipient will only use this information to implement this agreement.
– The Parties shall ensure that they do not advertise, publish or disclose in different forms the information obtained during the implementation of this Agreement without the prior consent of the other Party in writing. All forms of reproduction of the published relevant documents must be submitted to the other Party for approval.
– No party is responsible for disclosing any confidential information if the information is already:
+ Information is publicly available at the time of disclosure.
+ Information known before being disclosed by the other party.
+ The developed documents do not have any relevance to the information disclosed.
+ Being allowed to disclose by the other party.
+ Disclosure according to regulations of competent state agencies.
– This commitment will remain in effect for 01 (one) year from the date any agreement between the two parties terminates for any reason.
– Party B may, in its sole discretion, access, store and disclose information of Party A and Content if required by law to do so or have reason to believe that access, storage or That disclosure is reasonably necessary to: (a) comply with legal process and law enforcement or other governmental requirements; (b) enforce regulations on the use of services or proof of Party B’s rights or to protect Party B itself; (c) resolve complaints that any Content is unlawful and violates the rights of third parties; or (d) respond to Party A’s request for customer service; or (e) protect the rights, property, or personal safety of Party B, users of Party B’s services and the public.
VII. General Terms:
Party A’s first use of the service is understood by Party B that Party A understands and understands fully, fully voluntarily accepts and commits to comply with the requirements of this service.