Part 1: Terms about user account

1.You must provide adequate information such as email, phone number and other necessary related information (enterprise’s name, enterprise owner’s name, etc) to be benefited from our user support policy.

2.You need to know that ESMS will use your email and phone number as the main communication manners between the 2 parties.

3.You have the duty to make your account be secure. ESMS does not commit any damage to the user if the damage comes from the matter when the users cannot protect their accounts.

4.You take all responsibility for the data, the content that you post on your ESMS account (referred to as your enterprise). You are not allowed to save the files containing inappropriate content, virus or any code which can have bad effect on the system.

5.If any violation related to the term happens, all of your ESMS on-use services will be ended.

6.You are not allowed to use ESMS to commit the harassment over the phone. Individuals who have the behaviour using the phone to trouble, offense, distort, embarrass others, to some extent, will be administratively punished or criminally prosecuted according to the law.

Summary:

You are not allowed to use ESMS to commit any violations related to the law. You take all responsibility for all of the messages sending to your customers. ESMS only plays a role as the message sending tool provider. Therefore, ESMS does not take any responsibility for your using ESMS in the law’s violations’ purposes.

Part 2: Activate account

1.According to part 1 and part 2, the people who registered for using the service are considered as the account possessors and be influenced by the entire terms of using service.

2.If the people who registered using the ESMS service are your employees your employees are the ones who possess the accounts.

Summary:

The person who directly registers for using ESMS service will take responsibility for that account. In other words, that person has already agreed the entire terms of using service of ESMS.

Part 3: General conditions

You have to read and agree with all of the below terms of using service before becoming the ESMS users.

1.You are not allowed to use ESMS services for illegal matter. This term is applied according to the law of each country where your business is running as well as Vietnamese law.

2.You do not have the right to copy, sell or use this term for personal purposes without any written permission from ESMS.

3.You take full responsibility before the court about the content posted (in accordance with the culture and law of the place you reside).

4.You are also not allowed to use any marketing tools related to Search Engine or selling Keyword method (Google Adwords) containing copyright images and Logo of ESMS.

5.Any question about the terms of service can be sent to contact@esms.com.

6.You have to understand that the content information on your website (not including registering password) will not be secured in an encoded way.

7.You have to take responsibility for the content information which is sent beyond our regulations.

8.Customer’s notice: The content and the purposes of using message do not violate the state of Socialist Republic of Vietnam’s law, are not allowed containing the content which violates the fine customs. The customers fully take responsibility before the court for the content and the purposes of using this message.

Summary

You acknowledge and agree that you will be constrainted with these terms and security information.

Part 4: ESMS’s authorities and benefits

1.We have the right to modify or end the service for any reason without informing in advance.

2.We have the right to refuse to provide the service to any individual for any reason.

3.We can delete any content or any account containing the illegal property or insult, smear, threaten, be pornographic or intentionally violate intellectual property.

4.Deleting any account which intentionally violates or offenses by non-verbally or verbally to ESMS customers, ESMS employees and ViHAT employees.

5.ESMS will not see in advance or approve any content information on the user’s website. They have to take responsibility for their content.

6.We have the right to provide the services to your opponents or do not exclusively commit to any partner at any segment.

7.In case, there is a dispute about the account ownership, we completely have the right to ask for papers used for your account ownership authentication. The papers include (and no limitations) in some copies of your business license, identity card, etc.

8.ESMS has the right to decide legal ownership of the account and has the right to pass this right to the valid owner. If we are unable to determine the exact ownership, ESMS will lock this account until ESMS determine the conclusions between the parties’ disputes.

Summary

We can modify, cancel or refuse to provide the services at any time. In case, there is a dispute about the ESMS account ownership, we can lock the account or pass the account ownership to the most legal owner.

Part 5: Limit of the responsibilities

1.You have to clearly understand and agree that ESMS will not take any responsibility for any damage, even directly, indirectly or randomly, especially, the damage related to the benefits, reputation, use rights, data and other different invisible documents when using the service.

2.At any case, ESMS or other service providers who are cooperating with us will not take responsibility for the benefit damage or other damage as the consequence arising from the matter of the connection to our website, our service or this agreement. You have to understand that the individual directly related to ViHAT company, ViHAT partners, ViHAT employees, etc also do not take responsibility for any damage. If you use any service of the third party, you have to follow their commitment.

3.Our services and products are the basic ones that we provide to you and do not subject to any statutory warranty terms.

4.ESMS does not guarantee that the services we provide have no interruptions,  no security or no errors.

5.ESMS does not guarantee that the results obtaining from using our services are exact and reliable.

6.ESMS does not guarantee the quality of any product, service, information or any product that you buy or possess through our service will get your expectations. If there is any arising fault, we will repair in the allowing conditions.

Summary

We will not take responsibility if you violate the law, violate this term or go against the benefits of a third party. Our service may have errors or may be interrupted when you are being provided and we do not guarantee this.

Part 6: Abandon and complete the commitment

If ESMS makes mistakes or does not comply with any of the stated terms, it does not mean those terms are cancelled. This term is considered as the whole agreement between you and ESMS and rules your use of our services (not limited to any version of this term of service use).

If ESMS abandons any term in the enforcement, does not mean we will completely abandon that term. This term is the agreement between you and us, which means that if the previous term has something wrong with this term we will choose the newest one.

Part 7: Intellectual property and customer’s content

1.We do not request any intellectual property rights to your provided materials for ESMS’s services. All the materials posted on your website (through ESMS service) belong to your own ownership. You can delete your enterprise at any time by deleting your account. This means that you delete all the content you are saving at our service.

2.By uploading your content on your enterprise, you agreed that: (a) allow other internet users to view your content, (b) and allow display and save that content, so (c) ESMS can view the uploaded content.

3.You retain ownership of all content on your website when you access us. However, posting the content means that you are allowing others to view your content. You have to take responsibility for all the content you post in accordance with the law or not.

4.We will not reveal any of your information to the third party, except for some requested conditions as the dispute about the right to use the service. Confidential information includes any material or information you provide us without wanting to be known to the public. Confidential information does not include the information (a) was publicized by the time we received it, (b) or has come from the domain that is publicly available after we received but not from our fault, (c) or we received your information from more than one person or (d) we are requested by the law.

Summary

Everything you post is in your possession and you are responsible for it. If you want to remove all content you just need to delete your account.

Part 8: Cost payment

1.You can pay the service fee for ESMS services by cash or transfer to our account through the banks which have been linked with ESMS.

2.After payment, we will call for the confirmation and carry out to satisfy your requests. We will send you a notice 3 days (or more than 3 days) before the payment period. If you do not pay the fee on time, your enterprise will be locked.

3.If you don’t live in Vietnam, you are subject to the law or taxation in your area or country.

4.ESMS currently do not support the refunds.

Summary

We support many forms of payment that you can view in your ESMS account. You will be informed 3 days (or more than 3 days) in advance when the payment is due and you have 7 to 10 days to complete. If not, your account will be locked. If you don’t live in Vietnam, please let us know so that we can give more detailed instructions. In addition, there is no refund policy.

Part 9: Service modifications and pricing

1.If there is any change related to the fee of using ESMS, the information will be informed to you 30 days in advance.

2.ESMS has the complete right to change or stop the entire service.

3.ESMS does not take responsibility about you or any third partner when they change prices or stop their own services.

Summary

We can change or stop providing the services at any time without taking responsibility.