This is a legal agreement between a customer and Le Anh Minh Software Company Limited (LAM Software), which stipulates the terms of the client’s use of Vietbooks service, an online software service provided by LAM Software. This agreement is an electronic contract between the two parties. By checking the "Agree to terms of service" option when registering for a new account, the customer agrees that these terms will apply if the customer chooses to access or use the service, and the check operation is equivalent to signing a contract.
Article 1: Terms Used in the Agreement
1.1. Vietbooks: this refers to the online accounting software service and other associated products and services provided by LAM Software.
1.2. System: this refers to the computing infrastructure used by Vietbooks to provide services and is provided by a cloud service provider.
1.3. LAM Software: this refers to Le Anh Minh Software Company Limited, the owner of Vietbooks.
1.4. Customer: this refers to an organization or an individual using Vietbooks.
1.5. Subscription Fee: this refers to the fee that customer must pay to use Vietbooks. The fee is calculated based on account type, duration of use, number of companies and number of users.
1.6. Account Balance: this refers to the remaining balance after deducting usage fee from the top-up amount.
1.7. Main Account: this refers to the account registered by a customer to use Vietbooks. This is a manager account that is allowed to manage payments, all client companies, and sub accounts.
1.8. Company: this refers to a client company with a Tax ID created by the main account.
1.9. Sub Account: this refers to an account created by the main account.
1.10. Derivative Information: this refers to information summarized and deduced from the original information created by the customer.
Article 2: Rights to Use Software
2.1. Customer is provided with a Main Account after completing the registration process.
2.2. Customer has full access to Vietbooks as long as Account Balance is non-negative (no amount owned).
2.3. Customer must top up Account Balance to continue using Vietbooks when the balance negative.
2.4. After Customer cancels Vietbooks subscription or Account Balance is negative, LAM Software retains Customer's data only up to 30 days and may erase data completely after 30 days. Customer can request LAM Software to delete data immediately.
Article 3: Fees and Terms of Payment
3.1. Subscription Fee is calculated daily based on account type, number of companies and number of users. and shown in the Main Account's subscription portal. At the end of each month, a monthly fee is calculated by summing up the daily fees. This monthly fee will be deducted from Account Balance.
3.2. Customer is responsible for paying the monthly fee by topping up the account by bank transfer or other payment methods.
3.3. Customer can request a refund of Account Balance within 30 days of the last top up. The refund will not exceed the current Account Balance.
3.4. LAM Software reserves the rights to change Subscription Fee at any time without prior notification.
Article 4: Service Delivery
4.1. LAM Software is responsible for providing Customer with full access to Vietbooks after Customer's registration is completed and when Account Balance is non-negative (no amount owned).
4.2. Customer is responsible for using Vietbooks within its intended usage.
Article 5: Customer Consultation and Support
5.1. LAM Software is responsible for providing consultation to Customer via email or telephone throughout the service period.
5.2. Customer should review Vietbooks documentation for usage instructions.
5.3. Other support methods such as on-site training will be provided when both parties agree on fees and scope in writing.
Article 6: Maintenance and Upgrades
6.1. LAM Software is responsible for ensuring operating conditions of Vietbooks so that Customer can use Vietbooks 24 hours a day and 7 days a week except for maintenance, upgrading and troubleshooting. Prior to any system downtime, LAM Software will inform Customer on the website and directly via email. System maintenance and upgrades will be prioritized at night when it is least used.
6.2. LAM Software is responsible for troubleshooting Vietbooks within 24 hours of receiving request or notification from Customer.
6.3. LAM Software is responsible for updating Vietbooks to the latest version free of charge.
6.4. Customer agrees to all necessary bug fixes, upgrades and maintenance so that Vietbooks can operate correctly and securely. Except for emergencies, LAM Software will notify Customer in advance of the schedule of these maintenance and upgrades.
Article 7: Free Service
Customer has free access to Vietbooks’ features for a single user, single Company after completing the registration process. Usage fee is applicable once Customer creates a second Company or a Sub Account.
Article 8: Information Security
8.1. LAM Software is responsible for implementing and maintaining all administrative, physical and technical safeguards to ensure the confidentiality and integrity of Customer's data. LAM Software commits
- not to modify Customer's data without Customer’s consent unless for the purpose of correcting system errors or incidents,
- not to disclose Customer's data unless it is required by law or authorized by Customer, and
- not to access Customer's data except for correcting technical errors, or providing service or support.
8.2. LAM Software is responsible for securing Customer’s data and is not allowed to disclose to any other third party except as required by the competent authorities of the state. LAM Software is not responsible for data loss accidentally or intentionally caused by Customer.
8.3. Customer is responsible for identifying and verifying access rights of Main Accounts and all Sub Accounts.
8.4. Customer shall take initiatives in securing account information of Main Account and all Sub Accounts, especially login credentials: email and password.
8.5. Customer is responsible for all actions performed by Main Account and all Sub Accounts and should immediately notify LAM Software of any unauthorized access.
8.6. LAM Software is not responsible for any damage caused by unauthorized access or errors in Customer’s system.
8.7. Pertaining to this agreement, private information includes Customer’s data, proprietary technology, internal controls and products’ technical information, design, and communication between parties. Private information does not include
- publicly available information,
- information available within the industry, and
- Derivative Information.
8.8. Both parties agree
- to maintain safeguards to secure private information,
- not to copy, or share partially or entirely private information to third party without prior consent of the owner, and
- not to use private information for other purposes except for those stated in this agreement.
Article 9: Software Copyright
9.1. LAM Software is the owner and has copyright for Vietbooks.
9.2. Customer has the right to use Vietbooks to create data for work and have the right to download the data entered by Customer into Vietbooks during the period of use.
9.3. Customer agrees that products and services, including and not limited to the following: user interface, audio clip, video, manual content, and other software used to provide Vietbooks owned by LAM Software are protected by intellectual property and copyright laws. Customer agrees not to use such proprietary information or materials in any manner except for the purpose of using Vietbooks under this Agreement. No part of the products and services above may be reproduced in any form or by any mean, unless expressly permitted under these terms.
9.4. Customer agrees not to modify, rent, lease, lend, sell, distribute, or create derivative products based on Vietbooks in any way, and not exploit the Vietbooks in any unauthorized manner, including and not limited to infringement or burden on network capacity.
9.5. The use of Vietbooks or any part of Vietbooks, unless authorized under this agreement, is strictly prohibited and infringes upon the intellectual property rights of others, and Customer may be subject to remedies in accordance with administrative, criminal and civil law including compensation for monetary damages for copyright infringement.
9.6. In order for LAM Software to provide Vietbooks to customer, customer agrees to let LAM Software handle and transmit Customer’s data.
9.7. LAM Software has the right but has no obligation to take corrective actions if Customer violates any part of this agreement. LAM Software is not liable for such corrective actions. Customer is the only person responsible for accuracy, quality, integrity, legality, reliability and suitability for all of its data.
9.8. LAM Software may suggest and Customer may choose to use features that are not yet widely released and have not been fully tested in terms of quality according to LAM Software procedures (Beta functions). The purpose of this is for Customer to try and provide feedback to LAM Software. Customer is solely responsible for the risks when using these functions. LAM Software does not guarantee the correctness and completeness of Beta functions nor is it responsible for errors or damages caused by the use of Beta functions.
Article 10: Information and Notice
In the process of using Vietbooks, Customer agrees to receive information/notices sent by LAM Software with the following content and method:
10.1. The content of notices includes and is not limited to the following types of information:
- Information about new features of the product.
- Information about new versions of the product.
- Information about related products.
- Information about the content of articles or newsletters that LAM Software thinks may be useful to Customer during the operation.
10.2. The method of sending notifications includes and is not limited to the following forms:
- Notice directly on the product screen.
- Email notification.
- Notifications via mobile phone messages.
- Phone notification.
- Notice via text.
- Notice by meeting.
- Other forms of notification.
Article 11: Derivative Information
LAM Software is entitled to use derivative information from a part or all of the information created by Customer when using Vietbooks to serve the purposes of product research and development, and other purposes that can be profitable or not profitable. For example, LAM Software may share this derivative information with third parties, such as Google Analytics, to help improve Vietbooks. LAM Software commits that this derivative information does not contain any specific data regarding Customer personal or organization information (name, phone number, etc.), specific transactions or business secrets.
Article 12: Limitation of Liability and Service Operation
12.1. LAM Software does not guarantee that
- Customer will use Vietbooks without interruption or error;
- Vietbooks will meet all Customer’s requirements;
- all software bugs and errors will be fixed; or
- the overall system (including but not limited to: Internet, other transmission networks, intranets and Customer's devices) will contain no virus or harmful elements.
12.2. LAM Software does not guarantee in any way, whether explicitly or implicitly on conditions such as quality satisfaction, suitable for specific needs or non-infringement of third party rights. Vietbooks is provided to Customer in the form of as is and as available. Customer will take full responsibility in determining whether the Vietbooks or information generated from Vietbooks is correct and adequate for its intended use.
12.3. Under no circumstances shall LAM Software be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to damages due to loss of revenue, profits, business advantages, work stoppage, and loss of data as a result of
- the use or failure to use Vietbooks,
- any changes made to Vietbooks,
- unauthorized access or data changes,
- delete, corrupt, or not storing data on or through Vietbooks,
- statement or behavior of any third party on/towards Vietbooks, or
- any other issues related to Vietbooks.
12.4. In case LAM Software products use third party services such as weather forecast, securities, exchange rate, etc., LAM Software commits to not charge but does not guarantee the accuracy of information generated by such applications/services. LAM Software is also not liable if any third party has system updates that lead to loss of stability or service outages. Therefore, Customer must be cautious when deciding to use such products/services.
12.5. LAM Software is exempt from fulfilling the obligations set forth in this agreement due to unforeseen circumstances specified in this agreement.
Article 13: Responsibility to Handle Security Incidents
13.1. In case Customer discovers security problems, Customer is responsible for notifying LAM Software immediately via Vietbooks' feedback function, email, or telephone. Software security incidents include but are not limited to the followings:
- Loss or change of data on Vietbooks without knowing the cause.
- Service interruption.
- Suspicion of hacker attack.
13.2. When security incidents occur, LAM Software will be responsible for investigating, troubleshooting, and restoring normal operation. During the investigation process, Customer shall cooperate with the investigation if requested by LAM Software.
Article 14: Force Majeure
14.1. In case of force majeure, the two parties are not obligated to perform their responsibilities in this agreement. The two parties agreed to consider the following cases as force majeure:
- Natural disasters and enemy sabotages, that destroy or block connection to System.
- Extensive power outages and breakdown of telecommunication cables congesting or stopping connection to System.
- Hackers and computer viruses attack System, stalling, blocking, or destroying software and data.
- Other force majeure incidents as described by law.
Article 15: Suspension and Termination of the Agreement
15.1. This agreement starts when Customer check the “Agree to terms of service” option when registering for a new account, and terminates when one of the conditions in 15.3 occurs.
15.2. LAM Software has the right to suspend service to Customer in the following cases:
- Account balance is negative for 30 days consecutively.
- LAM Software believes that Vietbooks is used by Customer to engage in denial of service, spamming, illegal activities or other activities that jeopardize LAM Software and others.
15.3. The agreement is considered terminated in the following cases:
- LAM Software unilaterally terminates the agreement due to Customer’s inability to pay for service.
- LAM Software unilaterally terminates the agreement at the request of the court and the competent authority of the state.
- Customer requests cancellation of service in writing.
Article 16: Terms of Amendment and Supplement of Agreement
16.1. At any time, LAM Software reserves the right to modify, change, or update the terms and conditions of this agreement without prior notice. All changes will take effect immediately after being published on the Vietbooks website vietbooks.vn.
16.2. The fact that Customer continues to use Vietbooks after publication is understood that Customer has accepted the modified terms of service.
Article 17: Governing Laws
This agreement shall be governed by the following laws:
- Civil Law No. 91/2015/QH13 dated 24/11/2015.
- Commerce Law No. 36/2005/QH11 dated 14/06/2015.
- Information Technology Law No. 67/2006/QH11 dated 29/06/2016.
Article 18: General Provisions
18.1. Both parties agree to discuss and resolve problems arisen while implementing this agreement.
18.2. In case a dispute cannot be mutually resolved, the two parties agree to bring the case to a competent court in Ho Chi Minh City for settlement.