This is a legal agreement between the customer and BIZZI VIETNAM Co., Ltd., regulating the terms of the customer's use of electronic invoice software services. This agreement is an electronic contract between two parties. By clicking on the "AGREE" button when registering for use, the customer agrees that these terms will apply if the customer chooses to use the software service and that this click is equivalent to accepting The two parties have signed a contract.
1- GENERAL TERMS
Article 1. Definition
“BIZZI VIETNAM” is BIZZI VIETNAM Co., Ltd., a provider of Bizzi software services.
“Customer” is the party paying for Bizzi software services.
“Software” is the automatic electronic invoice processing software called Bizzi provided by BIZZI VIETNAM, including an online electronic invoice management account on the Bizzi website and electronic invoice operations integrated on the software. BIZZI VIETNAM software.
“Invoice usage fee” is a fee that customers must pay and is calculated according to the number of invoices that the customer uses.
“Use”: means the use of the Software by copying, transmitting or downloading it into temporary memory (RAM) or installing it into the permanent memory of any device uploaded to a computer. , install, perform or display the software or use the software online.
“Source Code”: are representations in a computer language that, when processed by a source code transformation program, a lower-level translator, or an executable program, make the immediate source available. can be performed by a computer.
“Subscription period” is the period of time the customer is granted the right to use Bizzi software services according to registration requirements and fee payment agreement with BIZZI VIETNAM.
“Subscription extension” means that BIZZI VIETNAM grants additional time to use Bizzi software services to customers according to the agreement of both parties.
“Force Majeure Event” is an event that the affected party can prove is beyond that party's control and could not have been foreseen at the time of entering into the contract or could not have been avoided or overcome. that event or its reasonable consequences, including but not limited to the following:
(a). Natural disasters or enemy sabotages cause obstruction or destruction, blockage or stop connection to BIZZI VIETNAM's data center.
(b). Widespread power outages; Breakage of telecommunications cables causes blockage or interruption of telecommunications and Internet connections to BIZZI VIETNAM's data center.
(c). Hackers and computer viruses attack BIZZI VIETNAM's data center, causing disruption, blockage or destruction of software and data.
(d). Other cases as prescribed by law.
“Intellectual Property” means all rights in the Software and other related intellectual property rights in the Software shall be owned exclusively by BIZZI VIETNAM, and this Agreement shall not grant or license to Customer Customer exercises any rights or assigns intellectual property rights other than the license rights granted under this Agreement.
“Confidential information” includes Customer data, each party's proprietary technology, business processes, technical information of products, designs, and the entire exchange process between the two parties involved. regarding Customer's use of the Software. Confidential information does not include information that:
(a). Known to the public;
(b). Known in the industry before the reveal;
(c). Being known to the public is not due to the fault of the receiving party;
(d). The aggregated data therein does not contain any personal or customer-specific information.
“Derivative information” is information synthesized and inferred from original information created by customers in BIZZI VIETNAM's software. For example: Derivative information from personal accounting software can be a report on the average income of Vietnamese people, average monthly expenses...
Article 2. Rights to Use Software
2.1 Subject to Customer's full compliance with all terms and conditions of this Agreement, BIZZI VIETNAM hereby grants Customer a non-exclusive and non-transferable right to use the Software for business automation. vu processes input electronic invoices. Customer may not use the Software for any other purpose specified in this Agreement.
2.2 The rights to use the Software granted under this Agreement exist only in relation to the Software and do not apply to any other software products or programs that BIZZI VIETNAM has or is developing.
2.3 During the term of use of the Software, Customer may not license, sell, develop, transfer, change or modify the Software to any party. All other rights in the Software not specifically granted under this Agreement shall remain with BIZZI VIETNAM.
2.4 Customers are not allowed to use software services to update data, send emails, write articles, transmit data and other actions for the following purposes:
(a). Harm, annoy others or cause injury to people and property;
(b). Involves the publication of information or materials that are fraudulent, defamatory, harassing or obscene;
(c). Invading privacy rights or discriminating against race, religion, gender, or disability;
(d). Infringement of intellectual property or other proprietary rights;
(e). Interfere with or damage the Service (including but not limited to accessing the Service through any mechanical or software means);
(f). Violating legal regulations.
2.5 During the process of using the Software, the Customer must comply with BIZZI VIETNAM's instructions and usage recommendations published in the Software.
2.6 When the Customer uses up the number of registered electronic invoices, the Customer can still use the software to manage and store processed input electronic invoices but is not allowed to view and download further electric invoices. new input element. To continue using, Customers need to pay the invoice usage fee for the number of electronic invoices that Customers register to use.
Article 3. Fees and Payment
3.1. The Customer is responsible for paying BIZZI VIETNAM 100% the value of the product/service package that the Customer chooses to purchase immediately after the Customer submits the order to BIZZI VIETNAM.
3.2. BIZZI VIETNAM has the right to adjust the annual subscription fee according to the market price and publish it directly on the Bizzi website. In case the Customer has paid the subscription fee for many years in advance, the annual subscription fee will not change throughout the subscription term that the customer has paid.
3.3. Customers are responsible for paying BIZZI VIETNAM by bank transfer or online payment through a bank or third party. All payments made by the Customer to BIZZI VIETNAM will be money after bank fees, the bank fees for this money transfer activity will be paid by the Customer.
3.4 BIZZI VIETNAM will provide Customer with a legal invoice for any taxes and fees, and Customer will pay taxes and fees under this Article to BIZZI VIETNAM according to the invoice.
3.5. BIZZI VIETNAM does not accept refunds of any costs that the Customer has paid to BIZZI VIETNAM after BIZZI VIETNAM has completed its obligation to hand over products and services to the Customer.
Article 4. Handover of Products and Services
4.1. BIZZI VIETNAM is responsible for handing over the right to use the Software to the Customer within 07 days after the Customer completes the payment obligation to BIZZI VIETNAM.
4.2. Customers are responsible for logging into the Bizzi website using the BIZZI VIETNAM online account sent via email to check and confirm the expiry date and number of registered invoices. When the Customer logs into their online account on the Bizzi website, it is considered that BIZZI VIETNAM has fulfilled its obligation to hand over the product and the fee calculation begins from this point.
4.3. In case of deploying the software on the Customer's infrastructure, the Customer is responsible for fully preparing equipment, human resources and transmission lines in accordance with BIZZI VIETNAM's recommendations written in the Software to organize exploitation and operation. Software system.
4.4. Customers are responsible for receiving and using the software in accordance with BIZZI VIETNAM's instructions and usage recommendations published in the software.
4.5. When receiving the access account handover from BIZZI VIETNAM, the Customer is responsible for changing the default password the first time using the software.
Article 5. Customer Support
5.1. BIZZI VIETNAM is responsible for providing consulting and support services to Customers throughout the usage process through customer support phone numbers, email and online chat.
5.2. When using consulting services through the customer support and consulting hotline, the Customer agrees to pay phone charges according to the regulations of the telecommunications service provider.
5.3. Customers actively view and exploit documents and videos on how to use the Software at the website https://Bizzi.vn
5.4. In case the Customer needs other consulting and support services outside the scope of this Agreement such as direct support, re-training services to use Software services, the two parties will mutually agree. on costs and implementation methods in additional documents.
Article 6. Updates, Warranty, Maintenance
6.1. BIZZI VIETNAM is responsible for ensuring technical conditions so that Customers can use the software 24 hours/day and 7 days/week except for the time of system maintenance, upgrades, and troubleshooting. System downtime for maintenance, upgrade or backup will be notified by BIZZI VIETNAM in advance to the Customer in the form of notification directly on the software. Maintenance or upgrade or backup schedules will be performed daily or weekly or monthly or yearly and prioritized at night when the system is least used.
6.2. BIZZI VIETNAM is responsible for troubleshooting the system no later than 3 working hours after receiving the request from the Customer's user.
6.3. Customer agrees to accept all patches, bug fixes, upgrades, and maintenance necessary for the service's features to operate correctly and ensure the security of the service. Except in emergency cases, BIZZI VIETNAM will notify Customers in advance of the schedule of these error correction and upgrade activities.
6.4. When the number of registered electronic invoices is almost used up, BIZZI VIETNAM is responsible for notifying the Customer directly on the Bizzi software itself as follows:
(a). When the number of invoices remaining is 10%, 5%, 1% compared to the total number of invoices the Customer has registered for the most recent period: Notify the Customer of the remaining invoice quantity, warn the Customer and guide the Customer. procedure for purchasing additional invoices.
(b). When the registered number of invoices is used up: Notify the Customer that the Customer has used up the registered number of electronic invoices, the Customer may only use the software to manage and store invoices. e-mail has been issued, it is impossible to view and download new invoices processed after the registered quantity of invoices runs out and instructs Customers on procedures to purchase additional invoices. Within 15 days from the date the quantity runs out. registration invoice that the Customer has not yet registered to continue using, the Customer's account will be deactivated.
6.5. Customers can proactively look up the number of invoices used right on the Bizzi website according to the software's user manual.
Article 7. Confidentiality
7.1. BIZZI VIETNAM is responsible for implementing and maintaining all administrative, physical and technical safeguards to ensure the security and integrity of Customer's electronic invoice data. BIZZI VIETNAM commits to:
(a). Do not modify the Customer's electronic invoice data without the Customer's consent or not for the purpose of fixing errors or problems;
(b). Do not disclose Customer's electronic invoice data unless required by law or authorized by the customer;
(c). Do not access data and/or change Customer's electronic invoice data except to fix technical errors or at Customer's request when using support services.
7.2 BIZZI VIETNAM is responsible for protecting all information about the Customer's electronic invoice data and is not allowed to disclose it to any other third party except at the request of a competent state agency.
7.3 BIZZI VIETNAM is not responsible for:
(a). Loss of data and confidential electronic invoice information of the Customer is caused accidentally or intentionally by the Customer.
(b). Damages caused by Customer's users, including subjects who do not have access to the service but can still gain access due to errors in the Customer's computer/software or internal network system
7.4 Customers are responsible for:
(a). Identify and authenticate the rights of all users accessing Customer's Bizzi software,
(b). Ensure confidentiality of user account information accessing Bizzi software.
(c). All activities by Customer's user accounts; and
(d). Immediately notify BIZZI VIETNAM of any unauthorized access.
7.5 Customers and BIZZI VIETNAM commit to:
(a). Take necessary measures to keep all Confidential Information confidential;
(b). Do not copy or provide part or all of the Confidential Information to any third party without the consent of the party that owns the Confidential Information;
(c). Do not use Confidential Information that the parties have provided to each other for purposes other than the purpose of implementing this Agreement.
Article 8. Intellectual Property
8.1 BIZZI VIETNAM is the sole and complete owner of the Intellectual Property of Bizzi software. The license granted in this Agreement shall not under any circumstances be considered a sale of rights in the Software.
8.2 Customer agrees not to perform one of the following acts:
(a). Modify, rent, lease, loan, sell, distribute, or create derivative works based on the product/service in any way;
(b). Exploit the product/service in any unauthorized manner, including but not limited to infringing or burdening the network capacity;
(c). Extract or attempt to withdraw the Source Code, source files or structure of all or any part of the Software by reverse engineering, disassembling, decompiling or any other means;
(d). Obtain or attempt to acquire any Intellectual Property registration including without limitation selling rights in and to any of the Software.
8.3 Customer will indemnify, defend and hold BIZZI VIETNAM harmless from and against any and all damages, losses, costs, damages and expenses (including reasonable legal fees reason), due to or arising from:
(a). Unauthorized use of Customer's Intellectual Property;
(b). Any claim that BIZZI VIETNAM's Intellectual Property infringes, misappropriates or violates any intellectual property right of a third party if the claim is caused by or in connection with: (i) Customer's replacement change Intellectual Property; or (ii) the combination of Intellectual Property with software, hardware or equipment not authorized or approved by BIZZI VIETNAM.
Article 9. Data
9.1 Customer has the right to use the Software to process electronic invoice data to serve the unit's work and has the right to download electronic invoices on the system during the period of subscription to the Software. .
9.2 Customer agrees that the product/service, including and not limited to the following contents: user interface, audio clips, video clips, user manual content and Software are used to Provide products/services owned by BIZZI VIETNAM and protected by intellectual property laws. Customer agrees not to use such proprietary information or materials in any manner except for the purpose of using the products/services in accordance with this Agreement. No part of the products/services may be reproduced in any form or by any means, except as expressly permitted by these terms.
9.3 In order for BIZZI VIETNAM to provide Software services to the Customer, the Customer agrees to give BIZZI VIETNAM the right to process and transmit Customer data.
Article 10. Notification
During the process of using the Software, Customer agrees to receive information/notifications sent by BIZZI VIETNAM with the following content and method:
10.1. The content of notifications includes and is not limited to the following types of information:
(a). Information about new product features;
(b). Information about new versions of products;
(c). Information about related products;
(d). Information about the content of articles or newsletters that BIZZI VIETNAM thinks may be useful to Customers during operations.
10.2. Methods of sending notices include and are not limited to the following forms:
(a). Notifications directly on the product screen;
(b). Email notifications;
(c). Notification via text message on mobile phone;
(d). Notification by phone;
(e). Notification via text;
(f). Notify by meeting directly;
(g). Other forms of notification.
Article 11. Derivative Information
11.1 BIZZI VIETNAM has the right to use Derivative Information from part or all of the information created by the Customer when using BIZZI VIETNAM's products for research purposes to improve products, markets, and customer habits. consumption habits and other purposes that may or may not be profitable.
11.2 BIZZI VIETNAM commits that this derivative information does not contain any specific data related to the Customer's personal information (name, phone number, ...), specific transactions or secrets. manufacturing business.
Article 12. Exclusion of Liability
12.1 BIZZI VIETNAM has the right but does not have any obligation to take corrective actions if there is any content that the Customer violates the provisions of this Agreement. BIZZI VIETNAM does not have any liability to the Customer in situations where BIZZI VIETNAM takes corrective action. The Customer is solely responsible for the accuracy, quality, integrity, legality, reliability and suitability of all of its data.
12.2 BIZZI VIETNAM may request and Customers may choose to agree to use features that have not been widely released and have not been completely approved for quality according to BIZZI VIETNAM's procedures (Beta functions). . The purpose of this is for Customers to moderate and provide feedback to BIZZI VIETNAM. Customers are fully responsible for risks when using these functions. BIZZI VIETNAM does not guarantee the correctness or completeness of the Beta functions and is not responsible for errors or damages caused by the use of Beta functions.
Article 13. Software Problems
13.1 Software Problems include but are not limited to the following cases:
(a). Data lost or changed on the Software without knowing the cause;
(b). Interruption and inability to use the Software;
(c). Suspected hacker attack;
(d). The Software cannot provide functions effectively.
13.2 In case the Customer discovers Software problems, the Customer is responsible for notifying BIZZI VIETNAM as soon as possible.
13.3 When a Software problem occurs, BIZZI VIETNAM will be responsible for organizing an investigation to resolve the problem and restore operations for the Customer. Customers are responsible for cooperating with BIZZI VIETNAM during the investigation and troubleshooting process.
Article 14. Force Majeure Events
14.1 A party affected by a Force Majeure Event will not be deemed to be in breach of the Agreement or liable to the other party for any delay in performing, or failure to perform, any obligation of this Agreement provided that such delay or failure to perform is caused by a Force Majeure Event notified to the other party in accordance with Article 14.3. The time for performance of obligations will be extended accordingly according to Article 14.3.
14.2 When a Force Majeure Event occurs, the affected Party must apply all measures to limit damage and promptly notify the other party in writing with confirmation from the local government within 48 hours from the date of occurrence. the time the Force Majeure Event occurs. If the affected Party does not apply measures to limit damage and promptly notify the other party, that party must bear full responsibility for the damage caused to the other party.
14.3 If the performance of any obligation under this Agreement by either party is delayed or prevented by a Force Majeure Event for a continuous period exceeding 45 (forty-five) days, the other party is entitled to Unilaterally terminate this Agreement by notifying in writing the Party affected by the Force Majeure Event.
Article 15: Suspension and Termination of the Agreement
15.1. This Agreement takes effect from the date the Customer agrees and terminates when all subscriptions issued with this Agreement expire.
15.2. BIZZI VIETNAM has the right to suspend Customer's use of the Software in the following cases:
(a). The Customer does not register to renew and pay the product/service usage fees after the number of registered invoices expires within 15 days;
(b). BIZZI VIETNAM believes that the service is being used by the Customer to participate in denial of service attacks, spamming, illegal activities or harmful use of the Customer's products/services. to BIZZI VIETNAM and others.
15.3. The Agreement is considered terminated in the following cases:
(a). BIZZI VIETNAM unilaterally terminates the agreement because the Customer does not fulfill the payment obligation to BIZZI VIETNAM according to the agreement between the two parties.
(b). BIZZI VIETNAM unilaterally terminates the agreement at the request of the court and competent state agencies.
(c). The Customer sends notice requesting termination of the subscription agreement to BIZZI VIETNAM in writing.
(d). According to the agreement of the parties.
15.4 In the event of termination of this Agreement due to Customer's breach:
(a). BIZZI VIETNAM has no obligation to refund any fees paid by the Customer;
(b). All outstanding amounts payable by the Customer to BIZZI VIETNAM shall immediately become due and payable;
(c). Customer will cease all and any use of the Software; and
(d). Customer will immediately return to BIZZI VIETNAM all documents related to the Software (if any).
15.5 BIZZI VIETNAM is only responsible for ensuring that customers' issued electronic invoices are stored on the system for a maximum of 10 years from the date of receipt of the invoice.
Article 16. Limitation of liability of BIZZI VIETNAM
16.1. BIZZI VIETNAM does not guarantee, represent, or warrant that Customer's use of BIZZI VIETNAM's products/services will be uninterrupted or error-free, or that the products/services will meet Customer's requirements or All errors in the Software and/or documentation will be corrected or the overall system ensures the operation of the Software product/service (including but not limited to: the internet, other transmission networks, internal and customer devices) will be free of viruses or harmful components.
16.2. BIZZI VIETNAM does not guarantee in any form, whether express or implied, any conditions such as satisfaction of quality, fitness for particular use or non-infringement of third party rights. BIZZI VIETNAM's services are provided to Customers in the form "as is" and "as available" for Customer use. Customer will have full responsibility for determining whether the product/service or information generated from the product/service is correct and fully meets the Customer's intended use.
16.3. BIZZI VIETNAM does not guarantee, represent or warrant that using the Software service to process data and store input electronic invoices will help Customers avoid any violations regarding the use of electric invoices. Customer's death. BIZZI VIETNAM only provides tools to help Customers digitize data processing and storage of input electronic invoices. Customers must self-control and be responsible for storing electronic invoices in accordance with regulations of the Law. law.
16.4 In any case BIZZI VIETNAM is not responsible for any direct, indirect or incidental damages when the Customer uses Bizzi software to receive, process data and store electricity bills. input element.
16.5 In no event shall BIZZI VIETNAM be liable under or in connection with this Agreement for any direct, indirect, incidental, special, consequential or incidental loss or damage. punitive in nature, including but not limited to damages for loss of revenue, profits, goodwill, contracts, loss of data as a result of:
(a). Use or inability to use products/services or Software;
(b). Any changes made to the product/service, Software;
(c). Unauthorized access or alteration of data;
(d). Deletion, corruption, or failure to store data contained on or through the product/service, Software;
(e). Statements or conduct of any third party with respect to products/services, Software;
(f). Software problems;
(g). Events of force majeure.
Article 17: General Terms
17.1 BIZZI VIETNAM has the right to amend and supplement the terms in the service agreement and published on the website www.Bizzi.vn, on the software. In case the customer does not agree with those amended and supplemented terms, the customer can stop using the software service.
17.3 This Agreement is governed by and construed in accordance with the laws of Vietnam.
17.4 In case a dispute arises, the two parties will resolve it through negotiation in the spirit of equality, cooperation, and goodwill to respect each other's rights. In case the Parties cannot resolve the dispute through negotiation, the dispute will be resolved by the Vietnam International Arbitration Center in addition to the Vietnam Chamber of Commerce and Industry (VIAC) according to simplified procedures. stipulated in Article 37 of VIAC's Rules of Arbitration Procedures. The number of Arbitrators is 01 (one). The place of arbitration is Ho Chi Minh City. The language used in the arbitration proceedings will be Vietnamese.