Terms of Service
Last updated: 08/08/2024
This is a legal agreement between the Customer and Vimail, stipulating the terms of the Customer's use of Vimail email marketing software ("Agreement").
This Agreement is a Contract expressing the agreement to conduct a transaction in the form of an electronic transaction between the two Parties of the Agreement. By checking the box “I agree to the terms of service and privacy policy of vimail” on the registration form, the Customer agrees that these terms will apply if the Customer chooses to access or use the service and this check means that both Parties have agreed to all terms of the Agreement and is considered as the two Parties have signed the Agreement.
Article 1: Definitions
1.1. Vimail Email Marketing Software (referred to as Platform or Vimail email marketing software Platform): Means the specified computer programs, including all records, documents, functions, improvements, modifications, additions, translations, compilations or other Platform delivered by Vimail to Customer hereunder or under any Support Agreement entered into in connection with this Agreement. The Platform developed by Vimail meets the features described on the website https://vimail.vn.
- Maintain, fix bugs and develop new features
- Update business features to ensure software meets new government regulations
- Security upgrades to ensure data and information safety for customers
- Product enhancements to increase speed and efficiency of features.
- Manage customer data during use.
Article 2: Vimail software platform: Services and Service activation
- Vimail is responsible for providing the Customer with Vimail Services that meet the features available on the Vimail Software Platform;
- The Customer will have the Right to use the Vimail Software Platform according to the available features for which the Customer has fully paid the Service Fee and Service Activation cost as prescribed in this Agreement;
- Vimail is responsible for updating the Vimail Software Platform to ensure compliance with State Agency regulations and meet requirements for error correction and information security.
- In case the Customer purchases the Vimail Service for the first time, the time when Vimail hands over the Vimail Service System Administration Account to the Customer's user is the time of Activation of the Service that the Customer has registered to use;
- After receiving the Vimail Service System Administration Account, the Customer's user must be responsible for changing the Service access password and be fully responsible for the security of the system access account;
- The time of Service Activation is considered as the time when Vimail has completed its obligation to deliver the product to the Customer.
- The handover and authentication of the System Administration Account and Vimail Service Access Account will be conducted via the Customer's user's email;
- Customers are responsible for fully and accurately declaring user information into the Service;
- The Customer and its users are responsible for maintaining the confidentiality of their Service access accounts and passwords. The Customer is solely responsible for any damage caused by the Customer's users accidentally or intentionally disclosing their access accounts and passwords, resulting in loss, damage or destruction of information causing damage to related parties.
Article 3: Vimail software platform: Service fees and Service Activation costs
- Fee for purchasing the number of emails to send according to customer needs.
Article 4: Payment method and term
- Pay directly before using the service.
Article 5: Vimail Software Platform: Suspension of Software Services
- Vimail executes the Service Suspension order upon request of the Tax Authority or a competent State Authority;
- Or the Customer breaches any term of this Agreement;
- Or Pause for maintenance, upgrade, error correction or to fix, prevent information security incidents or according to technical requirements.
Article 6: Vimail Software Platform: Service Termination
- Vimail executes Service Termination orders upon request of the Tax Authority or a competent State Authority;
- Or the Customer breaches any of its obligations under this Agreement;
Article 7: Free trial
7.1. Customers register for a trial account for Vimail Service and comply with Vimail's regulations at website https://vimail.vn.
Article 8: Rights and obligations of Vimail
- Collect Service Activation Fees and Service Fees as set forth in this Agreement;
- Unilaterally suspend or discontinue the Service or terminate the Agreement if the Customer breaches the obligations of this Agreement;
- Not responsible for maintaining Customer data storage on Vimail's Data Center and not responsible for any errors or losses of Customer data from the time of Service Discontinuation;
- Have the right to process and transmit Customer data during the Customer's use of Vimail Service;
- The right to use Derivative Information from part or all of the information generated by Customers when using Vimail products for the purposes of researching product improvement, market, consumer habits and other purposes that may or may not be profitable. Vimail commits that this derivative information does not contain any specific information about contacts (name, phone number), specific transactions or business production secrets.
- Provide Vimail Services to Customers to ensure that Customers can perform software features as described in the user manuals located on the Vimail Software Platform;
- Perform maintenance responsibilities for the Service as required by this Agreement;
- When the Vimail Service usage period is about to expire, Vimail is responsible for notifying the Customer immediately on the Vimail Software Platform so that the Customer can carry out the procedures to pay the Service Fee for the next period to continue using it;
- When the Vimail Service usage period expires and the Customer has not yet fulfilled the obligation to pay the Service Fee to Vimail, Vimail will notify about the Service Suspension and Service Termination according to the provisions of this Agreement;
- Exercise other rights and obligations as prescribed in this Agreement.
Article 9: Rights and obligations of Customers
- Customers have the right to use Vimail Service to create data for their work and have the right to download the data they enter into the system during the time the Service is activated until Vimail suspends the Service or cuts the Service;
- The Customer has the right to request Service Suspension or Termination as provided in this Agreement.
- Pay Vimail the Service Fee in full and on time as prescribed in this Agreement;
- Customers are not allowed to use the Vimail Service including but not limited to updating data, sending emails, writing articles or transmitting data for the following purposes:
- Harm, annoy others or cause injury to people and property;
- Involves the publication of information or materials that are fraudulent, defamatory, harassing or obscene;
- Violating privacy rights or discriminating against race, religion, gender, or disability;
- Infringement of Intellectual Property Rights or other proprietary rights;
- Interfere with or disrupt the Service (including but not limited to accessing the Service through any mechanical means, the Platform);
- Serving Vietnamese terrorist organizations or international terrorists or organizations from countries embargoed by the United States;
- Violation of the law;
- Customers are responsible for logging into the Vimail Software Platform to check the expiration date according to the access information sent by Vimail via email and/or phone;
- The Customer is responsible for preparing sufficient equipment, human resources and transmission lines according to Vimail's recommendations stated in the Platform to organize the exploitation and operation of the Platform system;
- Customers are responsible for receiving and using the Platform in accordance with the instructions and recommendations for use published by Vimail in the Platform;
- Exercise other rights and obligations as prescribed in this Agreement.
Article 10: Customer Consulting and Support
10.1. Vimail is responsible for providing consulting and support services to Customers throughout the usage process through the support channels announced on the website https://vimail.vn.
Article 11: Warranty and maintenance
Article 12: Responsibility for handling security incidents
- Loss or change of data on the Platform without knowing the cause;
- Product usage is interrupted;
- Suspected hacker attack.
Article 13: Limitation of Liability and Service Performance
- Customer's use or inability to use the Vimail Software Platform;
- Any changes made to the Vimail Software Platform are not made by Vimail;
- Unauthorized access or modification of data without prior written consent of Vimail;
- Deletion, corruption, or failure to store data contained on or through the Vimail Software Platform;
- Statements or conduct of any third party with respect to the Vimail Software Platform;
Article 14: Services provided by Third Parties
14.5. When there are any problems related to the operation of using the service connection feature of the Third Party on the Vimail Software Platform as stated in the user manual published on the Vimail Software Platform, the Customer shall proactively contact Vimail through the Vimail support channels published on the website https://vimail.vn
Article 15: Intellectual property rights
Article 16: Information security
- Modify Customer data without Customer consent or other than for the purpose of correcting errors or problems;
- Do not disclose Customer data except as required by law or as authorized by the Customer;
- Do not access data and/or change Customer data except to fix technical errors or at the request of the Customer when using support services.
- Known to the public or popularized in the media;
- Known in the industry before disclosure;
- Became known to the public through no fault of the recipient of the information;
- The aggregate data does not contain any personal information or information specific to the Customer.
- Take necessary measures to keep all “Confidential Information” confidential;
- Do not copy, transfer or provide any part or all of the “Confidential Information” to any third party without the consent of the party having ownership rights to the “Confidential Information”;
- Do not use the “Confidential Information” that the Parties have provided to each other for purposes other than the performance of this Agreement.
Article 17: Notification
- Information about new product features;
- Information about new product versions;
- Information on related products;
- Information on the content of articles or newsletters that Vimail believes may be useful to Customers during their operations.
- Direct notification on product screen;
- Email notification;
- Notification via SMS on mobile phone;
- Telephone notification;
- Notice in writing;
- Notification by direct meeting;
- Other forms of notification.
Article 18: Force Majeure Events
- If either Party is unable to perform part or all of its responsibilities or work due to a Force Majeure event, within fourteen (14) days after the incident occurs, the affected party must notify the other party in writing detailing the entire incident of the Force Majeure event;
- The party experiencing the incident shall be excused from performing its obligation during the period in which the Force Majeure event prevents its performance.
- Failure of a party to perform its obligations due to a Force Majeure event shall not be a basis for the other party to terminate the Agreement, unless otherwise provided by Vietnamese law. In the event of a Force Majeure event, the time for performing the Agreement shall be extended by the duration of the Force Majeure event.
- Other situations and circumstances that affect the performance of this Agreement shall not be considered Force Majeure events unless both parties discuss and agree to sign an additional written document stating that such situation and circumstance is considered Force Majeure.
- Termination of the Agreement by a party due to a Force Majeure event does not relieve that party of its obligations which arose prior to the occurrence of the Force Majeure event.
Article 19: Restrictions
Article 20: Termination of Agreement
- When the two Parties complete the Service Termination procedure and the Customer has fully paid the Service Fee as prescribed and fully fulfilled its obligations under this Agreement;
- When Vimail unilaterally terminates the Service due to the Customer's failure to pay the Service Fee in full and on time or when the Customer violates other obligations in this Agreement;
- Force Majeure occurs and both Parties agree in writing to Terminate the Agreement.
Article 21: General terms
- Vimail has the right to modify and supplement the terms of the Service Usage Agreement and publish them on the website https://vimail.vn and on the Vimail Software Platform;
- In case the Customer does not agree with such amended or supplemented terms, the Customer may carry out the procedures to Suspend or Cut the Service according to the provisions of this Agreement.
21.6. Any dispute arising between the two Parties in relation to the Agreement (if any) shall first be resolved through negotiation. If the dispute cannot be resolved through negotiation, either Party shall have the right to request that the dispute be brought to a competent Court for resolution. The Court's decision shall be final.