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  • Hotline: 1900.636.788
  • Tech Support: (024) 3225.2690

Terms and Conditions

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://domain.z.com/vn/en/, Z.com SSL Service Order at https://ssl.z.com/vn/en/, 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://domain.z.com/vn/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;

    • (m)

      Violation of using the VPS cloud server by the hour, creating and deleting continuously in a short time (Spam) for the selection of Linux and other operating systems.
      In addition, a minimum of 1 month must be used for selected Windows operating systems.

  • 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.

  • 9.9

    Particularly for the cases which the customers are using Cloud VPS services has signs of Spam, creating and deleting many VPS clouds in a short time, we will proceed to lock the account and not refund the balance in Myzcom.

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.om 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)

      All notices, demands, requests, or other communications that may be or are required 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.

  • 25.5

    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 Domain Name Registration Service Order

This Z.com Domain Name Registration 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 Domain Name Registration Service (hereinafter referred to as the “Service”) including but not limited to registration, renewal, transfer, or deletion of a domain name. This Order is an ‘Order’ as mentioned in the Agreement and is governed by the terms of said Agreement. The customer is responsible to read this Order in conjunction with the MSA which can be viewed at: https://domain.z.com/vn/en/terms

By registering for the Service, it was tacitly understood that, customer are acknowledging these terms and conditions, and agree to be bound by customer.

1. Definitions

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

Customers registering to use domain (hereinafter referred to as "The Registrant or Customer ") are agencies,
organizations and individuals who have implement the registration procedures and are authorized to use the domain name “.com” và ".vn".

  • 1.1

    “Administrative Contact” means a person delegated by a Registrant of a domain name to administer the Domain Name and is listed as the “Administrative Contact” in the Domain Name Registration Information.

  • 1.2

    “Billing Contact” means a person responsible for the financial aspects of a Domain Name and is listed as the “Billing Contact” in the Domain Name Registration Information.

  • 1.3

    “Contact Person” means a person responsible for items regarding maintenance and management of the corresponding Domain Name registration under the authorization of the Registrant of the corresponding Domain Name and is listed in the registration information of the Domain Name. The Registrant may also be a Contact Person.

  • 1.4

    “Detailed Regulations” means any regulations, provisions, rules as described below, 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 customer’s obligations and responsibilities with regard to the use of Services:

  • 1.5

    “Domain Name” or “Domain” are used to identify one or more IP addresses on Internet of server including sequence of characters separated by dots “.”. a second and third level domain names preceding top level Domains such as “.com” and “.vn”.

  • 1.6

    “Domain Name Dispute” means a dispute between customer and a third party resulting from the registration or use of a Domain Name registered by customer.

  • 1.7

    “Procedure Deadline” means the end date and time of the registration term of a Domain Name or a specific date and time set by notifying customer.

  • 1.8

    “Redemption Grace Period”, “Renewal Grace Period” means the period as described below http://help.onamae.com/app/answers/detail/a_id/8427/kw/%E6%9B%B4%E6%96%B0/related/1

  • 1.9

    “Registration Information” means any and all information provided by customer at the registration process of the corresponding Domain Name and all information changed and supplemented during the time of using services.

  • 1.10

    “Registrar” means the organization implementing service of registration, maintain domain name including Registrar of Vietnamese ccTLD (Registrar of “.vn” domain) and Registrar of international domain in Viet Nam.. In connection with the Services, GMO-Z.com RUNSYSTEM is a legal entity established and operates in Vietnam, has registered to do business of domain name registration services, has signed contract with Accredited Registrar - GMO Internet Inc, a Japanese company, an official Registrar accredited by the Internet Corporation for Assigned Names and Numbers (hereinafter referred to as “ICANN”), shall be Registrar.

  • 1.11

    “Registry” means an organization which possesses (i) a database that includes the zone files of Domain Names corresponding to the various IP addresses; (ii) any other data related to the Domain Names (including low level Domain Names); and (iii) the administrative authority and obligations over the database. In addition, in the event the administrative authority and obligations over the database is given to a third party, the term “Registry” shall also refer to such a third party.

  • 1.12

    “Registration Expiry Date” means the final day of the registration term of a Domain Name.

  • 1.13

    “Technical Contact” means a person responsible for technical aspects of a Domain Name and is listed as the “Technical Contact” in the Domain Name Registration Information.

  • 1.14

    “Transfer In” means the procedure to transfer administration of a Domain Name from another service to the Service.

  • 1.15

    “Transfer Out” means the procedure to transfer administration of a Domain Name from the Service to another service.

2. Governing Body

  • 2.1

    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”) has been granted the right to provide Internet domain registration services for top, second and third level domain names.

  • 2.2

    New Domains are oversees top-level domains such as the .ceo, .club, and .xyz.

  • 2.3

    Upon Z.com receipt of domain name registration information from customer, Z.com shall submit the information to the registry administrator for the appropriate top-level domain for approval and processing. The registry administrator then puts into effect the domain name registration.

3. Selection of a Domain Name

  • 3.1

    Customer represent that, to the best of the customer knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.

    Domain name is registered by Customer in Viet Nam and must be registered in Việt Nam, must ensure that there is no phrase violating to national interests or inconsistent with social ethics, traditions, and customs of the people of Vietnam; must demonstrate seriousness to avoid misunderstandings or distortions due to polyphonic, ambiguous or when not used Vietnamese marks.

  • 3.2

    By registering or renewing a .com or .net top-level domain and agreeing to these terms and conditions, customer agree that customer have read and agree to the terms and conditions of this Order and the relevant Agreement, If customer are registering the domain for a third party, customer agree that they have read and agree to the relevant terms and conditions as well, also in that case, Customers and third parties must still associate responsibility for all constraints according to the terms and conditions of this Order and the relevant Agreement.

4. Registered Domain Name Use by a Third Party

  • 4.1

    In the event that customer permits a third party to use customer’s Domain Name, customer shall remain the registrant of the Domain Name and agree to directly assume any and all obligations based on this Order, Master Service Agreement and be responsible before the competent authorities of Vietnam according to Vietnam law.

5. Provisions of Services

  • 5.1

    Z.com will provide the following services to customer:

    • (a)

      The registration of a Domain Name;

    • (b)

      The renewal of a Domain Name Registration;

    • (c)

      The transfer of a Domain Name;

    • (d)

      The administration of a registered Domain Name;

    • (e)

      The provision of DNS settings for a registered Domain Name; and

    • (f)

      The Who is Protection Service;

    • (g)

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

  • 5.2

    The Service shall apply to the following types of Domains:
    URL- https://domain.z.com/vn/en/

6. Whois Protection Service

  • 6.1

    By applying Whois Protection Service, customer may keep customer’s name, postal address, email address, phone and fax number (Z.com may, in its sole and absolute discretion, decide the type of information customer may apply Whois Protection Service) for the Contact Person private, and replace customer’s Registration Information that customer provide with an anonymous proxy information via a public “Whois” service.

  • 6.2

    The Whois Protection Service shall apply to the following types of Domains:
    URL- http://help.onamae.com/app/answers/detail/a_id/8599/

  • 6.3

    In the case the Domain Name registration, customer applied Whois Protection Service, (a) expires, (b) is deleted before Registration Expiry Date, the Whois Protection Service will terminate, (c) cases specified in Item 6.5 this Order.

  • 6.4

    Customer acknowledge and agree that:

    • (a)

      Customer shall remain responsible for customer use of customer’s Domain Name(s),

    • (b)

      Customer will not receive postal mail, fax, e-mail and any other information directed to customer,

    • (c)

      Customer will waive any and all claims arising from customer’s failure to receive information directed to customer or customer’s use of Whois Protection Service,

    • (d)

      Transfer Out for the Domain Name customer applied Whois Protection Service will be prohibited.

  • 6.5

    Z.com may, in its sole discretion, immediately terminate the provisions of Whois Protection Service without notice, if;

    • (a)

      customer’s Domain Names or customer’s use of Whois Protection Service is alleged to violate or infringe a third party’s right or interests;

    • (b)

      Z.com needs to comply with any applicable laws, government rules or requirements, court orders or requests of the competent authorities of Socialist Republic of Vietnam.

  • 6.6

    In the event of termination of Whois Protection Service, Z.com will self- revert to displaying customer’s Registration Information via a public “Whois” service. The information of domain name displayed includes but not limited to the following information:

    • a)

      Domain name;

    • b)

      Registration date, expiry date;

    • c)

      Name of agency, organization or full name and date of birth of individual;

    • d)

      Name of registry;

    • e)

      Information of server that domain points to.

7. Compliance with Laws and Regulations

  • 7.1

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

  • 7.2

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

  • 7.3

    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.

  • 7.4

    The terms contained in the following agreements shall prevail over the terms of this Order and Detailed Regulations:

    • (a)

      The Registrar Accreditation Agreements (including any subsequent modifications) made and entered into by and between Registrar and ICANN;

    • (b)

      The Registrar license agreements (including any subsequent modifications) made and entered into by and between Registrar and the Registries; and

    • (c)

      The policies, instructions, guidelines and other arrangements adopted by ICANN and the Registries.

  • 7.5

    In case there is one or more terms of above document are contrary to the laws of Vietnam at the time of application that belong to the case required to comply, those terms shall be separately replaced by the corresponding term of Vietnam law.

8. Registration Information

  • 8.1

    As part of the registration process, customer is required to submit to Z.com and keep updated the information when implementing registration, changing registration information, reimbursing domain name by filling domain name registration Declaration or Application for change of domain name registration information or application for refund domain name. Sample of domain name registration form, application for change of domain name registration information, application for reimbursement are specified by Z.com on website Z.com, Customer shall be subject to have sufficient capacity and authority as prescribed by law, detail:

  • 8.2

    In the domain name registration Form, Customers must provide Z.com the following basic information:

    • a)

      For the agencies, organizations and enterprise: name of agencies and organizations; addresses, phone numbers, email addresses of agencies and organizations; they and manage domain names with contact addresses, phone numbers, email addresses, identity card serial number; full name of technical contact with contacts, phone numbers, email addresses; full name of the billing contact and fees for domain name together with contacts, phone numbers, email addresses; full name of the organization on behalf of agency procedures with domain name registration contacts, phone number, number of identity card.

    • b)

      For individuals: full name; Year of birth; permanent address; identity card number, phone number; Email

    • c)

      Application for registration information changes (reimbursement of domain name) must include the basic information such as the content of registration information change (reimbursement of domain name).

  • 8.2

    Customer shall ensure that Registration Information will, throughout the term of registration, comply with the Order as may be in effect from time to time and will remain true, current, complete, accurate, and reliable. Customers must commit bear fully responsibility before law on the accuracy of the information they provide.

  • 8.3

    Customer shall maintain, update, and keep the Registration Information true, current, complete, accurate, and reliable by immediately making such changes.

  • 8.4

    Customer acknowledge and agree that all Registration Information (including personal information of Contact Person) which is supplied to the Registry and/or an accredited Registrar may be publicly available to third parties via a public “Whois” service, as required by ICANN and as allowed by applicable laws.

  • 8.5

    Z.com may from time to time request additional information from customer. While not obligated to provide the additional information, customer should provide the additional requested information to ensure that customer will obtain all the products and services which Z.com makes available to domain name registrants.

  • 8.6

    If in registering a domain name customer provide information about a third party, customer hereby represent that customer have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Agreement. In this case, customers are fully responsible before third parties and law of Vietnam on the information that customers have provided for Z.com. Customers are responsible for providing credentials for allowing using the information of third-party who is the owner of the domain name requested by Z.com or ICANN or Vietnam government agencies request or in the other necessary cases.

  • 8.7

    Customers can not register, change, and reimburse the registration information of domain name in the following cases:

    • a)

      Can not register domain name:

      • Domain structure is incorrect as prescribed by the GMO Internet Inc and ICANN;
      • Violating the regulation of domain name registration under the provisions of the GMO Internet Inc and ICANN;
      • Violating the regulation of domain name protection as prescribed by GMO Internet Inc. and ICANN.
    • b)

      No reimbursing the domain name in the process of violation without the final conclusions of Z.com, ICANN and the competent authorities of the State of Vietnam.

9.Personal Information

  • 9.1

    Customer agrees that Z.com shall handle customer’s personal information in accordance with laws and Z.com’s Privacy Policy.

  • 9.2

    Customer also agrees to authorize Z.com to provide any information to ICANN, the registry administrators, State agencies of Vietnam and to other third parties as ICANN and applicable laws may require or permit.

  • 9.3

    Customer further acknowledge that ICANN may establish guidelines, limits and requirements that relate to the amount and type of information that Z.com may or must make available to the public or to private entities, and the manner in which such information is made available.

  • 9.4

    Z.com will not process any data about any identification natural person that Z.com obtains from 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 customer from Z.com’s loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

  • 9.5

    Customer agrees and acknowledges that Z.com owns the following:

    • (a)

      All database, compilation, collective and similar right, title and interests worldwide in the domain name database;

    • (b)

      All information and derivative works generated from the domain name database; and

    • (c)

      Information for the registrations for which Z.com acts as the registrar including:

      • (i)

        The original creation date of the registration;

      • (ii)

        The expiration date of the registration;

      • (iii)

        The name, mailing address, email address, telephone number, and fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name;

      • (iv)

        Remarks concerning the registered domain name that appear or should appear in the Whois or similar database; and

      • (v)

        Other information generated or obtained in connection with the provision of domain name registration and management services, other than the domain name being registered, and the IP names and addresses of the primary nameservers and any secondary name servers. Z.com does not have any ownership interest in customer’s specific personal registration information outside of customer’s right in Z.com’s domain name database.

  • 9.6.

    Customer agrees that Z.com has right to use part or all of the registration information of customers on the commercial, advertisement or any other lawful purpose without payment of remuneration, expenses fee or any benefit to customers.

10. Domain Name Registration Procedure

  • 10.1

    Customer shall submit an application to register one or more Domain Name by manners stipulated by Z.com

  • 10.2

    Z.com notifies the fee for registration of Domain Name. On payment of the fees to Z.com, and after acceptance of the application, Z.com may proceed with the designated procedure.

  • 10.3

    Domain Name shall only be deemed to be registered after the Registration Information has been recorded in the database of the Registry.

  • 10.4

    Registration method:

    • a)

      Submiting the domain name registration application directly to the headquarters or the dealer authorized by Z.com.

    • b)

      Sending application to the dealer authorized by Z.com by post.

    • c)

      Implementing online registration via website Z.com by using digital signatures

  • 10.5

    Before customers put the international domain registered name into use, the Customer must notify, update address information at www.thongbaotenmien.vn stipulated in Article 21 of Circular 19/2014/TT-BTC dated 12/05/2014 of the Ministry of Communication and Information of Vietnam and be responsible before Z.com and Vietnam law for the accuracy of the information provided, updated.

11. Domain Name Registration Period

  • 11.1

    A Domain Name shall continue to be valid for the period initially selected by customer (the “Initial Period”).

  • 11.2

    If a Domain Name Registration is renewed, such Domain Name shall continue to be valid for the period selected by customer (the “Renewal Period”). The Initial Period and Renewal Period shall be collectively referred to as the “Registration Period”.

  • 11.3

    The Registration Period may not be modified except in accordance with this Order or Detailed Regulations.

  • 11.4

    Z.com reserve the right to extend the Registration Period based on any decisions made by ICANN, the Registry of the Domain Name or applicable laws.

12. Renewal of the Domain Name Registration

  • 12.1

    When customers register a domain name, Z.com does not provide automatic renewal system for domain names and only inform to customer from 15 to 30 days before the expiration date of domain name for customer to have plan to renew. Customers are responsible for monitoring and actively renewing the domain name at the expiration date. If customer wishes to renew the Domain Name Registration, customer shall submit an application to renew the Domain Name Registration by manners stipulated by Z.com before the Procedure Deadline for the Domain Name.

  • 12.2

    Z.com notifies the fee for renewal of Domain Name Registration. On payment of the fees to Z.com, and after acceptance of the application, Z.com may proceed with the designated procedure. Any fees paid to renew the domain name are not refundable. If customers perform renewal late in compare with the expiration date, customer will have to bear all charges incurred to recover the domain name (if any) or the waiting time needed to renew.

  • 12.3

    The Domain Name Registration shall only be deemed to be renewed after the information has been recorded in the database of the Registry.

  • 12.4

    Notwithstanding Article 10.1, for Domain Names with a Renewal Grace Period, customer may apply to renew the Domain Name Registration by manners stipulated by Z.com after the Procedure Deadline but before the expiry of the Renewal Grace Period.

  • 12.5

    Regarding domain types that have a Renewal Grace Period, the existing DNS resolution path will be interrupted by Z.com immediately after the Registration Expiry Date and it may last eight (8) or more consecutive days.

  • 12.6

    For Domain Names with a Redemption Grace Period, customer may only redeem the registration of the Domain Name during the Redemption Grace Period only in unavoidable circumstances.

  • 12.7

    In case that domain name has expired, Z.com shall not guarantee the success of any renewal during the Renewal Grace Period or any redemption during the Redemption Grace Period. In case the domain name has expired and Z.com can not renew, customers will be refunded 100% renewal fees.ng hợp tên miền đã hết hạn mà Z.com không thể gia hạn, khách hàng sẽ được hoàn lại 100% phí gia hạn.

  • 12.8

    In the event that customer do not complete the renewal procedure within the Renewal Grace Period or do not complete the redemption procedure within the Redemption Grace Period, if any, the Domain Name shall be considered as deleted at the end date and time of the Registration Period.

  • 12.9

    In the event of a successful renewal or redemption, the Domain Name Registration shall be considered as renewed as of the Registration Expiry Date.

13. Transfer In

14. Transfer Out

  • 14.1

    Customer may Transfer out the Domain Name during the Registration Period in accordance with the procedure stipulated by us.

  • 14.2

    In the event customer applies for a Transfer Out of the Domain Name, customer agrees that the Services in relation to the Domain Name shall be terminated as of the date of completion of the Transfer Out.

  • 14.3.

    The transfer of domain name registrar is implemented if there is a unified agreement of all the parties for transition, including: Customer, Z.com and Registry and registrar who wants to transfer domain name to and must comply with the provisions of ICANN.

  • 14.4

    Domains are not allowed to transfer in the following cases:

    • a)

      Within 60 days from new registration date;

    • b)

      Within 30 days before the domain expire;

    • c)

      Domain names are in the process of violation, are suspended or are in dispute.

    Z.com has right to set the domain name in the transfer prohibit mode in above period.

  • 14.5

    In case Z.com is no longer able to manage the domain name, the domain name will be forwarded to the other Registrar under agreement between two Registrars after VNNIC, ICANN approved or upon written request of VNNIC, ICANN.

15. Fees

  • 15.1

    As consideration for Z.com providing domain name registration services to customer, customer agree to pay Z.com, prior to the approval of the desired domain name registration, the amounts set forth in the Fee Table hereunder, as amended from time to time, for the initial registration of the domain name and any subsequent renewals.

  • 15.2

    Customer’s application will not be registered until Z.com receives actual payment of the registration fee. If Z.com does register a domain name prior to payment of the registration fee, Z.com reserves the right to cancel that registration or restrict use of the domain name until payment has been received.

  • 15.3

    All fees must be prepaid and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.

  • 15.4

    Payment must be made by the methods Z.com indicates in registration application or renewal form. Z.com will renew 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 wish to renew customer’s domain name registration, Z.com will contact customer to update this information and charge accordingly.

16. Term

  • 16.1

    This Order shall commence on the date as of customer’s first use of the Service. It shall remain in full force during the length of the term of customer’s domain name registration(s) as selected, recorded, and paid for upon registration of the domain name. Should customer choose to renew or otherwise lengthen the term of customer’s domain name registration, then the term of this Registration shall be extended accordingly. Should the domain name be transferred to another Registrar, the terms and conditions of this contract shall cease.

  • 16.2

    It is customer’s responsibility to check that customer’s renewal has been successful within one month of the renewal date.

17. Compliance with the Domain Name Dispute Resolution Policy

  • 17.1

    The “Uniform Domain Name Dispute Resolution Policy” (hereinafter referred to as the “UDRP”) is adopted by ICANN and stipulates the basic policy regarding the resolution of Domain Name Disputes. By registering for a Domain Name, customer shall be deemed to have agreed to the “UDRP” and any applicable dispute resolution policies (the “Specific Policy”).

  • 17.2

    Customer agree that any and all Domain Name Disputes regarding Domain Name which was validly administered or was applied for in the Service shall be resolved in accordance with the UDRP, except that if Specific Policy governs a particular Domain Name, any disputes for such Domain Names shall be resolved by the Specific Policy.

  • 17.3

    Customer agree that in the event that any Domain Name Dispute between customer and a third party arise, Z.com shall not be liable for any of such dispute in any manner, and customer shall indemnify and hold Z.com harmless pursuant to the terms and conditions contained in the Dispute Policy.

  • 17.4

    Disputes on registration and use of domain name are resolved according to the following form:

    • a)

      Through negotiation, mediation

    • b)

      Through international arbitration center Vietnam of Chamber of Commerce and Industry of Vietnam;

    • c)

      Applicable law in the dispute settlement process is the ICANN regulations and international practices related .

  • 17.5

    The settlement of domain name after a dispute will be implemented by Z.com, ICANN and the parties concerned with the minutes of conciliation of the parties or by a decision with legal effect of the arbitration.

  • 17.6

    VNNIC and Z.com will base on the conciliation minutes of the parties; effective decision of the referee to perform:

    • a)

      Revocation of domain names, or

    • b)

      Remaining the current status of domain names;

  • 17.7

    In case of successful mediation; the effective decision of the arbitrator stating the disputed domain name be revoked and allow the plaintiffs to register domain names, the plaintiffs have priority registration within ten (10) days after the minutes, decisions take legal effect. This expired domain names will be free registered.

18. Transfer of Ownership

  • 18.1

    The person named as administrative contact shall be the owner of the domain name. Customer agree that prior to transferring ownership of customer’s domain name to another person (the “Transferee”) customer shall be responsible to notify the person buying domain name that the domain name is registered in Z.com and require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement, Customers also have the responsibility to inform Z.com about the transfer to avoid disputes. Customer’s domain name will not be transferred until Z.com receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

  • 18.2

    The parties transferring and getting transferring domain name have to perform the procedures under regulated procedures, guidelines and regulations of Z.com of ICANN.

  • 18.3

    Not allowed transfer Internet domain for:

    • a)

      Domains are prioritized for protection as stipulated by ICANN or regulations of Vietnam law related;

    • b)

      Domains are in the process of violation settlement, are in the process of resolving domain name disputes or temporarily discontinue

  • 18.4

    Organizations and individuals who get the domain using right from transfer must prepare the domain registration procedure as prescribed by Z.com and ICANN .

  • 18.5

    Internet domain names in the process of transfer will not be granted to any organizations or individuals other than the parties who are implementing transfer .

  • 18.6

    The parties involved should be responsible for transfer if the transfer fails due to during transfer, Internet domain name is suspended or withdrawn in accordance with the regulations on management and use of ICANN or the decision of the state agencies Vietnam.

  • 18.7

    The separate agreements or terms between customer and the transferee must not conflict with the agreements made with Z.com, procedures and policies defined by ICANN as Vietnam law.

19. Representations, Warranties and Covenants

  • 19.1

    Customer represent, warrant, and covenant that:

    • (a)

      customer 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)

      customer agree to be bound and abide by any ICANN Consensus Policies including, but not limited to, the UDRP as may be adopted and/or amended at any time and from time to time;

    • (c)

      customer’s use of the Domain Name will or may infringe the legal rights or intellectual property rights of a third party and;

    • (e)

      customer will not use the Services in any way which violates or may violate a right of us or any third party.

20. Termination and Suspension

  • 20.1

    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)

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

    • (b)

      Customer’s registration of the Domain Name or 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)

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

    • (d)

      Z.com terminates the provision of the Service;

    • (e)

      The ICANN Agreement and/or the Registry Agreement, or any other Agreements which deems to be necessary for the provision of the Service is terminated; and

    • (f)

      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.

21. Effect of Termination

  • 21.1

    In the event of termination of this Order, Z.com reserves the right to delete the registered Domain Name unless the Domain Name is transferred according to any applicable process of transfer under any laws, ICANN Agreement or Registry Agreement.

  • 21.2

    Termination of this Order for any reason does not affect the rights and obligations of either party arising prior to termination. Clauses 6, 7, 8, 9, 14.2, 15, 17, 18, 19, 20, 21, 22, and 23 shall survive termination of this Order.

22. Disclaimer and limitation of liability

  • 22.1

    IN NO EVENT SHALL Z.COM ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO 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 CUSTOMER AND US, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Z.COM AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Z.COM IS NOT BOUND BY A THIRD PARTY EVEN WHEN THE THIRD PARTY AUTHORIZE OR DOES NOT AUTHORIZE OR PARTNER OF Z.COM, THE ANNOUNCEMENT AND INTRODUCTION OF A THIRD PARTY MAY BE PUBLISHED ON THE WEBSITE OR BROCHURES OF Z.COM. IN OTHER WORDS, Z.COM IS ONLY BOUND BY THE AGREEMENT BETWEEN Z.COM AND DIRECT CUSTOMER OF Z.COM.

  • 22.2

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

23. Modification

  • 23.1

    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 for suitable with the regulation of ICANN and Vietnam Law, and such changes or modifications shall be effective immediately upon posting to our Site or upon notice. Meanwhile, customers are understood as implicitly acknowledges that not forced to be so by signing or approval in writing. Customer’s use of the Services after such changes or modifications have been made shall constitute customer’s acceptance of this Order as last revised. If customer do not agree to be bound by this Order as last revised, customer do not use or continue to use Services. In this case, the customer is considered as voluntary termination of service and Z.com will not be responsible for any damages (if any) for the customer or any third party involved arising from the termination of service.

24. Contact with Z.com

  • 24.1

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

Fee Table

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

「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.

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