1. Unit Information
All Of Us is an effective work platform (Software as a Service) for businesses operated and developed by Workway Joint Stock Company. Besides providing online technology tools, we do not participate directly in the business process.
a) Name and address of the head office of the trader, organization, or name and permanent address of the individual:
Name: ALLOFUS JOINT STOCK COMPANY
Office: 53 Truong Dinh, Ward Vo Thi Sau, District 3, HCMC
b) Telephone number, email address, or another online contact method:
Support: [email protected]
2. Definitions
All Of Us: Is the platform (Software as a Service) that supports operation and efficient work within businesses commercially available at https://allofus.app/. The All Of Us platform includes many superior features to support Customers in operating and conducting business efficiently:
- Workplace: A set of tools supporting internal communication of businesses, project management, tasks, processes, forms, administration, documents, and work schedules.
- HRM: A set of tools supporting human resource management from recruitment, data storage, training - employee evaluation to timekeeping and payroll.
- CRM: A comprehensive set of tools supporting sales management from Marketing, customer care, sales, purchasing, receivables, sales volume, inventory.
Customer:
- Are Legal entities or Individuals who need to use the All Of Us enterprise management platform or use one of the features developed by the All Of Us business platform.
Usage Account:
- Deployment Status: After signing the contract, the All Of Us User's software link on the reconciliation system will be in "deployment" status and will not be charged.
- Actual Use Status: After the deployment period specified in the contract ends. The All Of Us User's software link will switch to "Actual Use" status. In this status, the reconciliation system begins to record the number of users to proceed with billing.
- Suspension Status: In case the All Of Us User, for some reason, cannot use the software yet. The All Of Us User has the right to request All Of Us (by written or email stated in this contract) to switch the system to "Suspension" status. In this status, All Of Us will not charge the system maintenance fee for 3 months, from the 4th month onwards All Of Us will charge a maintenance fee at a minimum of 500,000 VND/month.
3. All Of Us Account of the Customer
All Of Us is responsible for providing All Of Us Users with the right to use the All Of Us Business Management software on a subscription basis. Data is stored at the Data Center controlled according to the international information security standard ISO 27001.
During the registration process, Customers will create an account and password:
- Customers are responsible for securing their account and password as well as fully responsible for activities related to their account.
- Each account, Customers can invite their company employees to join. The number of employees depends on the fee.
- Customers immediately notify All Of Us if anyone uses their account or password without permission or any security error, and ensure Customers log out of their account after each session. All Of Us is not responsible for any loss, damage, or other liabilities if Customers do not comply with this regulation or due to unauthorized access to their account.
In case of a dispute between two or more parties over account ownership, Customers agree that All Of Us will be the sole arbitrator of that dispute and All Of Us's decision (which may include terminating or suspending the disputed account) is the final and binding decision for all parties.
4. Information Security
All information provided by All Of Us Users and/or data entered on the All Of Us Business Management software is the exclusive property of All Of Us Users and is considered Confidential Information of both parties in this Contract. This data and information are committed by All Of Us to be entirely confidential, not to be used, disseminated, or disclosed in any way to any person, company, or enterprise other than in cases agreed upon by the representative of All Of Us Users and/or required to be provided by the competent state authority, All Of Us must discuss and agree with All Of Us Users before providing as per the Law.
For any violation of information security caused by All Of Us, All Of Us will be obligated to pay All Of Us Users a penalty for violating the information security obligation equivalent to 100% of the total Contract value (from the date of contract signing to the date of violation) and refund the entire remaining amount in the use account to All Of Us Users. All Of Us will bear all responsibilities for compensating for any corresponding damages as per legal regulations and the commercial value that All Of Us Users are affected and will not limit liability until All Of Us handles/retrieves the lost confidential information.
If the disclosure of Confidential Information is due to the fault of All Of Us employees, All Of Us Users have the right to file a civil lawsuit and/or request the intervention of the competent authority when noticing acts with criminal elements.
After both parties agree to terminate the agreement or in case both parties do not continue to reach an agreement on business cooperation, the agreements on information security in this Contract and the obligation of information security of All Of Us in this Contract continue until All Of Us ensures that all data information has been handed over to All Of Us Users and All Of Us does not copy, store in any form all data, information that All Of Us Users have provided/entered data on the All Of Us Business Management software throughout the duration of this Contract.
5. Customer Data and Responsibilities of the Parties
Customer Data is any information that Customers send, upload, transmit, or in any way help display that information on the All Of Us Account of Customers. The data includes: Messages, notifications, files, images, videos, comments, reviews, links, work-related content, and all information displayed on the All Of Us account of Customers; Customer Data includes all information, links, text that Customers and the use accounts of Customers enter into All Of Us through cloud storage platforms like Google Drive, OneDrive, DropBox.
Customers have the right to use and control access to data uploaded on their All Of Us system account. Customers are responsible for all data that Customers or use accounts of Customers send to and/or send from All Of Us.
The decision to upload any data to the All Of Us account is entirely up to the Customer. However, the following contents will NOT BE ALLOWED to be uploaded on All Of Us:
- Harm or cause injury to people and property.
- Related to the disclosure of information or documents of fraud, defamation, harassment, or of a pornographic nature.
- Violate privacy rights or discriminate against race, religion, gender, disabled persons.
- Infringe intellectual property rights or other ownership rights.
- Obstruct or damage All Of Us (including but not limited to unauthorized access to All Of Us through any mechanical means, software).
All Of Us has the full right to disable access to Customer's data content if we determine that the accessed data violates these Terms, or we receive a complaint from the use account, or a notice of intellectual property infringement and/or a notice of content that shows signs of legal violation from competent authorities.
6. Third-party Platforms Collecting User Data
All Of Us uses 3 platforms, Google Analytics, Google Tag Manager, and Facebook Pixel, to support the collection and analysis of user behavior. These third parties collect information about how users access All Of Us (through which browser, which device, which location) and user behavior and activities on the All Of Us system based on their own policies. All Of Us uses the collected information to understand, analyze customer behavior and needs to improve the product, service being provided, and simultaneously develop additional features, products, services for customers.
All three platforms above are large systems popular worldwide, ensured to meet personal information security standards and user data. All Of Us does not control how these third parties store and use the collected data according to their terms and policies. Customers can read the terms and policies published by these third parties on their websites to understand the information. Customers using the All Of Us system also means complying with the service terms of these third parties.
7. New Feature Updates
All Of Us is divided into 3 cases:
7.1. New Feature Updates
A new feature is understood as a completely new feature or an old feature modified, upgraded with significant logic changes that can change the behavior of use or the scope of application of All Of Us Users.
User Status of All Of Us Users: Minimal or no interruption, can continue to use during the upgrade. Depending on the content of the upgrade, it may require users to log in again or not.
Notification to All Of Us Users: All Of Us will notify customers 4 times. Notification 1 before 10-20 days for All Of Us Users, related departments based on the plan, product development timeline. Notification 2 before 2 days for All Of Us Users as a reminder for preparation. Notification 3 before 24 hours for All Of Us Users. Notification 4 for successful update for All Of Us Users if any.
7.2. Bug Fixes, Minor Features Update
Updates patching software bugs or minor features changing interface or utilities for users that do not affect the logic of use.
User Status of All Of Us Users: Minimal or no interruption, can continue to use during the upgrade.
Notification to Customers: All Of Us will specifically notify All Of Us Users through the deployment and customer care team if it is a specific bug fix. For important new changes, it may notify All Of Us Users of the update content.
7.3 Server Update
Moving or updating All Of Us Users to another server or upgrading, maintaining hardware must temporarily stop the server or Server temporarily stops due to maintenance schedule, incidents notified in advance by the Cloud provider.
User Status of All Of Us Users: Temporarily stops, depending on the previously notified time. The average time from 20 minutes to 1 hour.
Notification to All Of Us Users: Notify 24 hours in advance for All Of Us
Users or earlier when there is a specific schedule if the change originates from the server service provider and notify 30 minutes in advance for All Of Us Users before starting the upgrade.
8. Data Loss
All Of Us is responsible for damages due to data loss of All Of Us Users if the fault is due to All Of Us employees or due to the quality of the software causing or errors leading to stagnation, interruption when using data.
All Of Us is responsible for ensuring technical conditions for All Of Us Users to be able to use the software 24 hours a day and 07 days a week except for system maintenance, upgrade, troubleshooting time. The system downtime for maintenance or upgrade or backup will be notified in advance to All Of Us Users in the form of direct notification on the software. The maintenance, upgrade, or backup schedule will be performed periodically daily, weekly, monthly, or annually and prioritize at night when the system is least used.
9. Payment and Reconciliation
All Of Us Users need to pay every 12 months. The first payment period will follow the order appendix attached to the contract. The next payment period will take the last month of the previous payment period as the basis multiplied by 12 months to determine the payment amount. All Of Us will issue an invoice for All Of Us Users right after All Of Us receives payment from All Of Us Users.
All subscription fees paid by All Of Us Users will be added (including promotional money if any) to the use account of All Of Us Users. On the last day of the month, the system will automatically reconcile the actual number of users according to each account type, thereby calculating the actual usage fee of the customer for that month. After reconciliation, the system will automatically deduct in the use account of All Of Us Users and simultaneously send an email notification to the customer. All Of Us Users can view the entire payment and reconciliation history on the management page.
The account of All Of Us Users is not allowed to be negative for more than 10 days (excluding holidays, Tet), when the account of All Of Us Users is negative, All Of Us has the responsibility to send a notification by email for All Of Us Users to proceed with the recharge. All Of Us is not obliged to notify All Of Us Users in hard copy. In case All Of Us Users request All Of Us to notify in hard copy, then All Of Us Users will bear all express delivery costs.
10. Termination of the Contract
The contract will terminate in the following cases:
Both parties mutually agree to liquidate the contract.
All Of Us has the right to unilaterally terminate the contract because All Of Us Users do not fulfill the payment obligation to All Of Us as specified in Article 8 (above).
All Of Us Users have the right to unilaterally terminate the contract because the All Of Us provided software does not ensure safety, data is illegally breached by other organizations or individuals.
All Of Us unilaterally terminates the contract at the request of the competent state authority.
11. Warranty Terms and Limitation of Our Liability
All Of Us does not guarantee, claim, and ensure that the use of the All Of Us platform by Customers will not be interrupted or error-free, or the All Of Us platform will meet Customers' requirements or all errors on the software and/or documentation will be fixed or the overall system ensures the operation of the All Of Us platform (including but not limited to: The internet, other transmission networks, internal networks, and Customers' devices). All Of Us does not guarantee in any form, whether explicit or implicit about conditions such as satisfaction with quality, suitability for specific use needs, or non-infringement of third-party rights.
Customers will bear all responsibility in determining whether the All Of Us platform or information generated from the All Of Us platform is correct and fully meets their usage purposes.
Limitation of Legal Liability
In any case, All Of Us will not be liable for any direct, indirect, incidental, or punitive damages, including but not limited to damages for lost revenue, lost profits, lost business advantage, cessation of work, or data loss resulting from:
- Use or inability to use the All Of Us platform
- Any changes made to the All Of Us platform
- Denial of access or alteration of data
- Deletion, corruption, or failure to store data on or through the All Of Us platform
- Statements or actions of any third party on the All Of Us platform
- Any other issues related to the All Of Us platform.
12. Force Majeure
In the event of force majeure, both parties are not obliged to perform their responsibilities in this contract. Both parties agree to consider the following cases as force majeure:
- Natural disasters, epidemics causing obstruction or destruction or congestion or stopping the connection to the All Of Us data center.
- Widespread power outage; Telecommunications cable break causing congestion or stopping telecommunications, Internet connection to the All Of Us data center.
- Other force majeure incidents as per legal regulations.
13. Dispute Resolution
All disputes or disagreements arising between the two parties will be resolved in the spirit of cooperation to resolve together.
In case the two parties have a dispute and cannot resolve it themselves, they will bring it to the People's Court of Hanoi/TP. Ho Chi Minh to resolve. The verdict of the People's Court of Hanoi/ TP. Ho Chi Minh is the final verdict that All Of Us is obliged to comply with.
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