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.

1.2. Rights to use the Software Platform: Means the right to access and exploit the features of the Software Platform for purposes in accordance with the provisions of Vietnamese law and only within the scope permitted by this Agreement (excluding transfer or assignment to any third party).
1.3. Software Platform Services (hereinafter referred to as the Services): Means a type of service in which the Customer is entitled to use the Software Platform for a certain period of time, usually calculated in units of months or years. During the use of the Software Platform Service, the Customer is regularly and continuously updated with the following features:
  • 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.
1.4. Vimail email marketing software service (referred to as Vimail Service): Means Vimail's Software Platform Service to perform operations on Vimail email marketing software.
1.5. Customers: Means any individual or entity that registers to use the Vimail Service and agrees to the terms of this Agreement, regardless of whether or not such individual or entity actually Activates the Platform.
1.6. System administrator account: Means the legal account to access the Service and has the highest authority to fully use the features of the Vimail Software Platform according to the terms of this Agreement, including allowing or restricting the use of another access account.
1.7. Service Activation: Means the time when Vimail has handed over the entire System Administration Account to the Customer and the Customer can access the Service to use the Platform under the terms of this Agreement.
1.8. Service Time: Means the period from the time of Service Activation until the Customer requests Service Termination or Vimail unilaterally Terminates the Service due to the Customer's violation of the terms of this Agreement or the time when the Customer no longer has the right to use the Service under the terms of this Agreement, whichever comes first.
1.9. Suspension of Service: Means a temporary restriction of part or all of the right to use the Service. This restriction may not allow the Customer to access the Service or to access the Service but not be able to use certain features.
1.10. Service Cutoff: Means the complete deletion of the Service and all data arising from or related to the Service. The Customer will not be able to access the Service for use or retrieval regardless of any data related to the Service that has been previously initiated or stored.
1.11. Service fees: Means the Service price, which is the amount that the Customer must pay to Vimail to use and maintain the Service for a period of time, usually calculated on a monthly or yearly basis according to the terms of this Agreement. The Service Fee is collected for the purpose of the Customer enjoying the rights and benefits as stipulated in Article 1.3 of this Agreement.
1.12. Service Fee Calculation: Means the calculation of the total amount that the Customer must pay to Vimail after Activating the Service. The Customer must pay the Service Fee to Vimail regardless of whether the Customer uses the Platform Service or not.
1.13. Intellectual property rights: Means ownership, copyright in patents, trademarks, service marks, logos, trade names, internet domain names, copyright (including rights in the Computer Platform) and moral rights in the Platform source code, database rights, rights in semiconductor integrated circuit layout designs, utility solutions, rights in designs, models, inventions, trade secrets and other intellectual property rights in each specific case whether registered or not, and all rights and forms of protection having similar or equivalent effect in any location in the world, including registrations and applications.
1.14. Copyright of Vimail Software Platform: Means any rights in the Intellectual Property Rights of the Vimail Software Platform as provided in Clause 1.13 of this Article.
1.15. System: Includes the server(s) system located at Vimail's Data Center or any third party Data Center as designated by Vimail, on which the Vimail System Platform and Software Platform are installed.
1.16. Derivative information: Means information that is aggregated and inferred from original information created by Customers in the Vimail Software Platform. For example: Derivative information from the Vimail Software Platform can be Reports on average industry revenue, average monthly industry expenditure,... or information of similar nature.
1.17. Working days: means any day except Saturday, Sunday or public holiday in Vietnam as prescribed by Vietnamese law.

Article 2: Vimail software platform: Services and Service activation

2.1. Vimail software platform: Software service
  • 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.
2.2. Vimail Software Platform: Activating Software Services
  • 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.
2.3. Vimail software platform: Software Service access account
  • 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

3.1. Vimail Service Activation Cost is published directly on the website https://vimail.vn. This cost is only charged once at the time Vimail Activates the Service.
3.2. Vimail Service Fee is calculated monthly and is published directly on the website https://vimail.vn. The fee will start from when the customer purchases the email package and stop when the last day of the month comes or Vimail unilaterally cuts the Service because the Customer violates the terms of this Agreement, forcing Vimail to unilaterally cut the Service.
3.3. Vimail Service Fee includes:
  • Fee for purchasing the number of emails to send according to customer needs.
3.4. According to current law, Vimail Service is not subject to VAT or/and special consumption tax or/and other taxes/fees/charges, so Customers do not have to pay additional costs for these taxes/fees/charges. In case of any change in law, Customers will have to pay additional taxes/fees/charges when paying Service Fees at the time the law comes into effect.
3.5. Vimail is not responsible for refunding the Service Fee and Service Activation cost that the Customer has paid to Vimail in any case except when Vimail deems the request reasonable.
3.6. Every year, Vimail has the right to adjust the Service Activation Fee or/and Vimail Service Fee according to market prices and publish directly on the website https://vimail.vn. In case the Customer has paid the Vimail Service Fee in advance for many years, the annual Vimail Service Fee will not change during the Service period that the Customer has paid.

Article 4: Payment method and term

4.1. Payment method: The Customer is responsible for paying Vimail by bank transfer or online payment through a bank or Third Party Partner.
4.2. Payment term:
  • Pay directly before using the service.

Article 5: Vimail Software Platform: Suspension of Software Services

5.1. In case the Customer wants to Suspend the Service, the Customer must notify Vimail in writing. After receiving the Customer's request, Vimail is responsible for carrying out the necessary procedures to Suspend the Service.
5.2. Vimail has the right to Suspend the Service in the following cases:
  • 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.
5.3. Except for the case of Service Suspension as prescribed in Point a, d Clause 5.2 of this Article, Vimail is responsible for notifying the Customer 01 working day in advance in writing or by email or phone or on the Platform itself when suspending the Service as prescribed in Point b, c Clause 5.2 of this Article.
5.4. Sections 13, 15, 16, 19 and Sections 21.1, 21.3, 21.4, 21.5 and 21.6 of Article 21 of this Agreement shall continue in effect after any Service Termination under Section 5.2 of this Article occurs.

Article 6: Vimail Software Platform: Service Termination

6.1. In case the Customer wants to unilaterally cut off the Service, the Customer must notify Vimail in writing. After receiving the Customer's request, Vimail is responsible for carrying out the necessary procedures to cut off the Service.
6.2. Vimail has the right to unilaterally cut off the Service in the following cases:
  • 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;
6.3. Except for the case of Service Interruption according to Point a Clause 6.2 of this Article, Vimail is responsible for notifying the Customer in writing at least 01 working day before Service Interruption according to Point b, c Clause 6.2 of this Article.
6.4. Sections 13, 15, 16, 19 and Sections 21.1, 21.3, 21.4, 21.5 and 21.6 of Article 21 of this Agreement shall survive any Service Termination pursuant to Section 6.2 of this Article.

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.

7.2. Vimail will not be responsible for any errors, loss of data or any rights of the Customer during the trial period. The Customer should not enter important commercial data during the trial period of Vimail Service.
7.3. When the trial period expires as prescribed by Vimail, Vimail will terminate the Trial Service and will not maintain the storage of the Customer's trial data on Vimail's Data Center, unless the Customer registers to switch to the official Service form.
7.4. Customers can only register 1 free account for each individual/organization that the customer represents. If the customer needs to use multiple paid accounts, please contact us so we can verify before registering. Avoid the situation of the system automatically locking the account during use.

Article 8: Rights and obligations of Vimail

8.1. Vimail's rights:
  • 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.
8.2. Vimail's obligations:
  • 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

9.1. Customer Rights
  • 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.
9.2. Customer's obligations:
  • 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.

10.2. In case of any change in Customer support channels, Vimail will make an announcement on the website https://vimail.vn and Customers are responsible for proactively accessing the website https://vimail.vn to update information and use Vimail's consulting and support services.
10.3. Support consulting services through other forms (such as support consulting services at locations requested by the Customer, retraining services on user instructions for the Customer) will be agreed upon by the two Parties on costs and methods of provision in additional writing when there is a request.

Article 11: Warranty and maintenance

11.1. Vimail is responsible for ensuring technical conditions so that Customers can use the Platform 24 hours a day and 7 days a week, except for maintenance, upgrades, and troubleshooting of the system. System downtime for maintenance, upgrades, or backups will be notified to Customers by Vimail in advance by directly posting on the Platform. Maintenance, upgrades, or backups will be scheduled on a daily, weekly, monthly, or yearly basis, with priority given to nights when the system is least used.
11.2. Vimail is responsible for troubleshooting the Vimail Software Platform within eight (08) working hours from the time of receiving the request from the Customer's user, except in cases where the problem is not due to Vimail's fault or a Force Majeure event.
11.3. The Customer agrees to accept all necessary patches, fixes, upgrades, and maintenance for the service features to operate properly and ensure the security of the service and/or Platform. Except in cases of emergency or Force Majeure, Vimail will notify the Customer in advance of the schedule of these fixes and upgrades.

Article 12: Responsibility for handling security incidents

12.1. Security incidents include but are not limited to the following:
  • Loss or change of data on the Platform without knowing the cause;
  • Product usage is interrupted;
  • Suspected hacker attack.
12.2. In case the Customer discovers any security incidents mentioned in Clause 12.1 of this Article, the Customer is responsible for immediately notifying Vimail by all means via the contact information located on the website https://vimail.vn/contact and ensuring that the information has been confirmed by the responsible person of Vimail as having been received.
12.3. When an information security incident occurs related to the product Vimail provides to the Customer, Vimail will be responsible for organizing an investigation to handle the incident and restore operations for the Customer. During the investigation and incident resolution process, the Customer is responsible for participating if Vimail may request.

Article 13: Limitation of Liability and Service Performance

13.1. Vimail does not warrant, represent, or guarantee that the Customer's use of Vimail's Vimail Software Platform will be uninterrupted or error-free, or that the Vimail Software Platform will meet the Customer's requirements, or that all errors in the Platform and/or documentation will be corrected, or that the overall system ensuring the operation of the Vimail Software Platform (including but not limited to: the internet, other transmission networks, the internal network and the Customer's equipment) will be free of viruses or harmful components.
13.2. Vimail does not guarantee in any form, whether express or implied, conditions such as satisfaction of quality, suitability for specific use or non-infringement of third party rights. Vimail's services are provided to the Customer on an "as is" and "as available" basis for the Customer's use. The Customer shall be solely responsible for determining whether the Vimail Software Platform or information generated from the Vimail Software Platform is correct and fully meets the Customer's intended use. In the event that for any reason the information generated from the Vimail Software Platform results in the Customer being subject to administrative or criminal sanctions, the Customer shall be solely responsible for its own violations.
13.3. In no event shall Vimail be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to damages for loss of revenue, profits, goodwill, work stoppage, loss of data resulting from:
  • 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;
13.4. In case Vimail products use third party services, Vimail commits not to charge any fees but does not guarantee the accuracy of the information in the applications/services or if the third party updates the system leading to instability or service interruption. Therefore, users must consider when using these services.
13.5. Vimail shall be exempted from performing its obligations as set forth in this Agreement in the event of a Force Majeure event as set forth in this Agreement during the period in which the Force Majeure event prevents the performance of its obligations.

Article 14: Services provided by Third Parties

14.1. Customers have the right to use the services of Third Parties that Vimail has connected to during the term of the Vimail Service and the time of using the Third Party's services (if any).
14.2. Customers need to understand that Vimail provides Third Party services only for the purpose of increasing the convenience for Customers when using the Vimail Software Platform. Customers can choose to use or not use the Third Party services.
14.3. During the use of Third Party Partner's services, Customers must comply with the terms, regulations, and instructions of use of the Third Party Partner when providing services to Customers; instructions of Vimail published in the Vimail Software Platform and in accordance with current laws.
14.4. When there are problems related to Third Party services such as payment transactions, balance inquiries, transaction status, etc., Customers need to proactively contact the Third Party for support.

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

14.6. In the event that for any reason the use of the Third Party's services results in a violation and results in the Customer being subject to administrative or criminal penalties, the Customer shall be solely responsible for his/her violation.
14.7. In no case shall Vimail be liable for any direct, indirect, incidental damages when the Customer uses services provided by Third Parties on the Vimail Software Platform.
14.8. For incidents and upgrades from the Third Party's system, the time to fix and upgrade will be according to the Third Party's notification.

Article 15: Intellectual property rights

15.1. Vimail is the owner of the Copyright of the Vimail Software Platform.
15.2. The Customer agrees that the Copyright of the Vimail Software Platform is owned exclusively by Vimail. The Customer undertakes not to infringe the Copyright of the Vimail Software Platform, Intellectual Property Rights, and trade secrets of Vimail to create derivative works or disclose or provide to any other third party by any means or for any other purpose except with the express written consent of Vimail.
15.3. The Customer agrees that the Vimail Software Platform, including but not limited to: user interface, audio, video, user manual content and the Platform used to implement the Vimail Software Platform are the sole property of Vimail and are protected by intellectual property and copyright laws. The Customer agrees not to use such proprietary information or materials in any manner whatsoever except for the purpose of using the Vimail Software Platform in accordance with this Agreement. No part of the Vimail Software Platform may be reproduced in any form or by any means, except as expressly permitted in these terms.
15.4. The Customer undertakes to bear civil and criminal penalties, including monetary damages applicable to the infringement of the Vimail Software Platform Copyright.

Article 16: Information security

16.1. Vimail is responsible for implementing and maintaining technical and security measures to protect the security and integrity of Customer data. Vimail undertakes not to:
  • 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.
16.2. Vimail is responsible for keeping all information about Customer data confidential and is not allowed to disclose it to any other third party except at the request of the competent State Authority. Vimail is not responsible for any data loss or confidentiality of Customer information caused by the Customer or the Customer's contractors, employees, or consultants, whether intentionally or unintentionally.
16.3. The Customer is responsible for identifying and authenticating the rights of all users accessing the Customer's data.
16.4. The Customer is responsible for ensuring the confidentiality of user account information.
16.5. The Customer is responsible for all activities performed by the Customer's user accounts and is responsible for immediately notifying Vimail of any unauthorized access.
16.6. Vimail shall not be liable for any damages caused by the Customer's users, including individuals who do not have access to the service but may still gain access due to errors in the Customer's computer/Platform or internal network system.
16.7. For the purposes of this Agreement, “Confidential Information” includes: Customer Data, proprietary technology of each party to this Agreement, business processes and technical information of products, designs, and all communications between the Parties relating to the Services and/or Software. Notwithstanding the foregoing, “Confidential Information” does not include information that:
  • 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.
16.8. The Customer and Vimail agree that:
  • 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.
16.9. The Customer accepts and agrees that the Customer allows Vimail to collect, transfer, process and store the Customer's data and personal data that the Customer has to serve the implementation of the terms of this Agreement. The Customer also ensures that the information that the Customer registers with Vimail to access the Platform is accurate.
16.10. The Customer agrees to allow Vimail to analyze and compile data to provide forecast information about the general situation and publicly announce data to the community or provide it to any third party. This announced data does not contain any detailed information related to the data and the Customer or affect the Customer's business secrets.

Article 17: Notification

During use, the Customer agrees to receive information/notifications sent by Vimail with the following content and method:
17.1. The content of the notices includes but is not limited to the following types of information:
  • 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.
17.2. Methods of sending notices include but are not limited to the following forms:
  • 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

18.1. Force Majeure Events include but are not limited to: Natural disasters, earthquakes, floods, storms, fires, explosions, tornadoes, wars, hacker attacks, epidemics, blockades, social isolation, strikes, actions of any competent authority, widespread power outages or any other causes beyond the reasonable control of the parties to this Agreement and other events as prescribed by Vietnamese law.
18.2. Notice of Force Majeure Event:
  • 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.
18.3. Responsibilities of the two Parties in the event of Force Majeure
  • 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

Except as expressly provided in this Agreement, Customer shall not: (a) copy, modify, adapt or create derivative works from any part of the Platform; (b) rent, lease, distribute, sell, sublicense, transfer or otherwise provide access to the Software to any third party; (c) use the Platform for the benefit of any third party that affects Vimail; (d) incorporate the Platform into products or services that Customer provides to third parties that affect Vimail; (e) interfere with any license lock mechanism in the Platform or circumvent mechanisms in the Platform that restrict Customer's use; (f) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive or obtain the source code, underlying ideas, algorithms, file formats of the Platform, except to the extent expressly permitted by applicable law (and only after prior notice to Vimail); (g) remove or obscure any proprietary or other notices contained in the Platform; (h) use the Platform for competitive analysis or to build competitive products; (i) publicly disseminate information regarding the performance of the Platform that affects Vimail; or (j) encourage or assist any third party to do any of the foregoing.

Article 20: Termination of Agreement

20.1. Termination of the Agreement in the event of one of the following events:
  • 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.
20.2. Articles 13, 15, 16, 19 and Clauses 21.1, 21.3, 21.4, 21.5 and 21.6 of Article 21 of this Agreement shall survive any Termination pursuant to Clause 20.1 of this Article.

Article 21: General terms

21.1. This Agreement is governed by the laws of Vietnam.
21.2. Terms of amendment and supplement to the Agreement
  • 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.
21.3. The Customer shall not assign the rights and obligations of this Agreement to any third party without the written consent of Vimail.
21.4. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity and enforceability of the remaining provisions of this Agreement.
21.5. The two Parties commit to fully implement the terms agreed in the Agreement. During the implementation process, if any problems arise, the two Parties shall promptly notify each other to resolve them.

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.

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