PRIVACY:
Note:
Action to use , contact platforms or access to https://atpixels.vn/ (“Website ATPIXELS”) shall be construed as acceptance and agreement to be bound by these Terms of Service with an enterprise with the information as follows:
• Name of Company: ATPIXELS LIMITED COMPANY
• Business Code: 0110010392
• Headquarters: No. 52A, Alley 22p, Group 5 Da Sy, Kien Hung Ward, Ha Dong District, Hanoi City, Vietnam
Therefore, please read the following information carefully before using the functions of Website ATPIXELS to get the best experience.
Any violation of these terms and conditions may result in termination of our service to the Client.
These Terms of Service are general policies, specific issues regarding fee policy, payment terms, refund, modification, order cancellation and turnaround time to deliver Products. These policies shall be considered as a part of the Terms of Service, and be valid for the Parties to comply with and implement.
We reserve the right to change the content of “Terms of Service” at any time. The terms regulated at the time when ATPIXELS accepted to provide the Services that shall be applied.
ATPIXELS and Client hereinafter are referred to individually as the “Party” and collectively as the “Parties”.
1. SERVICE AND SERVICE IMPLEMENTATION
Action to use , contact platforms or access to https://atpixels.vn/ (“Website ATPIXELS”) shall be construed as acceptance and agreement to be bound by these Terms of Service with an enterprise with the information as follows:
• Name of Company: ATPIXELS LIMITED COMPANY
• Business Code: 0110010392
• Headquarters: No. 52A, Alley 22p, Group 5 Da Sy, Kien Hung Ward, Ha Dong District, Hanoi City, Vietnam
Therefore, please read the following information carefully before using the functions of Website ATPIXELS to get the best experience.
Any violation of these terms and conditions may result in termination of our service to the Client.
These Terms of Service are general policies, specific issues regarding fee policy, payment terms, refund, modification, order cancellation and turnaround time to deliver Products. These policies shall be considered as a part of the Terms of Service, and be valid for the Parties to comply with and implement.
We reserve the right to change the content of “Terms of Service” at any time. The terms regulated at the time when ATPIXELS accepted to provide the Services that shall be applied.
ATPIXELS and Client hereinafter are referred to individually as the “Party” and collectively as the “Parties”.
1. SERVICE AND SERVICE IMPLEMENTATION
1.1. ATPIXELS implements a service of editing images and videos upon Client’s request and according to specific order and/or separate project (“Service”). The result of the implementation of the Service is images and videos which are edited (“Product”).
1.2. The method of providing Service and the policy of modifying and cancelling the order are conducted according to the policy of ATPIXELS from time to time (“Policy”) and posted on Website ATPIXELS.
1.3. Standard of Service: ATPIXELS implements their Service in accordance with applicable laws, Policy and the best effort for Client’s benefit.
1.4. Completion of Service: ATPIXELS is deemed to have completed Service if Client does not send any claims/ requests for modification via email/phone/system to ATPIXELS or communication in person with ATPIXELS within 12 (twelve) hours from the date of Product handover. Upon complaint/request for modification Product, Client needs to provide basis for ATPIXELS’s consideration, ATPIXELS shall not handle any claims/requests for modification without valid basis.
1.5. Time and/or other conditions of Service can be changed in the following cases:
a. Due to the agreement of both Parties; or
b. Due to Force Majeure Event; or
c. Due to the requirement of Client via letter/email/ message
1.6. Terms of Service provision
2. SERVICE FEE AND PAYMENT
2.1. Service Fee is calculated based on Service request of Client and the price list according to the Policy of ATPIXELS, the fee specified in the price list excluding Value-Added Tax (if any). If Products are not listed in the price list: Price and time for implementation shall be agreed by both Parties in advance. The price list is sent via email and confirmed by Client.
2.2. Service Fee is non-refundable, unless approved by ATPIXELS.
2.3. Payment methods. Client pays ATPIXELS via bank transfer or platform Online payment gateway.
3. ROLE AND RESPONSIBILITIES OF CLIENT
3.1. Client pays in full to ATPIXELS for the Products completed by ATPIXELS and delivered to Client;
3.2. Client is responsible for providing the necessary information which is related to himself/herself in truth and accuracy;
3.3. Client must comply with and implement the laws and regulations of Website ATPIXELS when using the services of Website ATPIXELS;
3.4. Client shall be solely responsible for the security and storage and all use of the service under Client’s registered name, password and email box.
3.5. Client is responsible for promptly notifying Website ATPIXELS of acts of the unauthorized use, abuse, breach of security and keeping Client’s registered accounts and passwords to solve cooperatively these issues by Parties.
3.6. Client is responsible for providing necessary information and supporting Website ATPIXELS in resolving disputes, complaints and requests for refund/exchange arising (if any);
3.7. Client commits, agrees not to use services of Website ATPIXELS for the purposes of illegality, irrationality, fraudulent, threatening, illegal information exploration, sabotage and/or create and spread virus to cause damage the system, configuration, transmitting information of the Website ATPIXELS or use ATPIXELS’s service for the purpose of speculation, market manipulation to create fake orders and unreal offers, also judgment of the market demand. In case of violations, Client must take full responsibility before the law for his/her acts.
4. CLIENT’S COMMITMENTS RELATED TO THE PROVISION OF DOCUMENTS UPON USING THE SERVICE
When using Service, Client agrees that Client shall not post, provide or send any materials or contain any materials as follows:
4.1. Any materials that are threatening, defamatory, abusive or inappropriate or able to lead to civil or criminal liability under applicable law;
4.2. Any materials may violate the rights of privacy, publicity, copyright or other intellectual property rights without the consent of the rights holder and those (or their parents or legal guardians, if any) who appeared in the materials if any;
4.3. Any materials that are sent from an anonymous or false address;
4.4. Any materials that promotes fanaticism, racism, hatred or harm against any individual or group;
4.5. Any materials contain a software virus or any other computer codes, files or programs designed to interrupt, destroy, or restrict the functionality of any computer software or hardware, or any telecommunication equipment.
4.6. Other material/information that contains contents violating the law, ethical rules.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Intellectual property rights of the materials and Products which are provided by Client belong to Client solely unless Client has agreed with a third party regarding this right. In regard to the revenue and benefits received from the production and circulation of all Products and Services ordered under the agreement, ATPIXELS acknowledges and agrees that ATPIXELS does not have, and shall not claim any rights, including ownership or interest derived from the Product.
5.2. Not depending on the level of completion of Product, ATPIXELS shall transfer ownership of Product(s) that ATPIXELS is performing to Client in proportion to the level of completion of Product(s). ATPIXELS shall retain ownership of Product(s) which are handed over until ATPIXELS has received the Service Fee in full and other costs (if any) that Client is obligated to pay to ATPIXELS hereunder.
5.3. During and after the term of implementing the Service, Client exempts ATPIXELS as well as all employees, managers, and partners of ATPIXELS from any allegations, claims relating to the use of Product. Client has a responsibility, explains (if any) and resolves all claims/disputes/requests for compensation from third parties relating to the use of Product.
5.4. All information on website ATPIXELS including articles, images, process design is copyrighted by ATPIXELS LIMITED COMPANY, it is strictly forbidden to copy and share without permission from ATPIXELS, unless otherwise provided by law.
5.1. Intellectual property rights of the materials and Products which are provided by Client belong to Client solely unless Client has agreed with a third party regarding this right. In regard to the revenue and benefits received from the production and circulation of all Products and Services ordered under the agreement, ATPIXELS acknowledges and agrees that ATPIXELS does not have, and shall not claim any rights, including ownership or interest derived from the Product.
5.2. Not depending on the level of completion of Product, ATPIXELS shall transfer ownership of Product(s) that ATPIXELS is performing to Client in proportion to the level of completion of Product(s). ATPIXELS shall retain ownership of Product(s) which are handed over until ATPIXELS has received the Service Fee in full and other costs (if any) that Client is obligated to pay to ATPIXELS hereunder.
5.3. During and after the term of implementing the Service, Client exempts ATPIXELS as well as all employees, managers, and partners of ATPIXELS from any allegations, claims relating to the use of Product. Client has a responsibility, explains (if any) and resolves all claims/disputes/requests for compensation from third parties relating to the use of Product.
5.4. All information on website ATPIXELS including articles, images, process design is copyrighted by ATPIXELS LIMITED COMPANY, it is strictly forbidden to copy and share without permission from ATPIXELS, unless otherwise provided by law.
6. POLICY ON PROTECTION OF PERSONAL INFORMATION
6.1. Purpose and scope of collecting personal information from Client
a. Providing services for Client using Website ATPIXELS;
b. Contacting, supporting and solving questions of Client when using ATPIXELS’s services;
c. Improving and upgrading the content and interface of Website ATPIXELS as well as the quality of the ATPIXELS’s service based on the feedback of Client during the use process;
d. Client’s personal information collected when using the services on Website ATPIXELS includes:
- Full name;
- Email address and phone number;
- Name of enterprise and website (if any);
- Information about region, country and state (for delivery and research editing style purposes);
- The other information (if any).
e. Client must ensure that information provided is accurate and legal. ATPIXELS shall not take any legal responsibility related to the information that Client provided is false or illegal.
6.2. Scope of using of personal information
a. ATPIXELS collects and uses Client's personal information for the purpose that is suitable and compliant with the content of this privacy Policy.
b. Accordingly, ATPIXELS shall use the information provided by Client to: Contact directly with the Client under the forms such as calling, sending notification emails, providing information about products/services... via email or phone number provided by Client.
6.3. In principle, Client's personal information shall be destroyed as soon as the purpose of collecting and using such personal information has been met.
6.4. Individuals or organizations may have access to Client’s personal information.
a. Affiliates of ATPIXELS;
b. ATPIXELS (and/or our affiliates) may also disclose Client’s personal information to service providers, suppliers or agents including but not limited to website’s server services, data analysis, marketing, processing credit card transactions and providing services;
c. Competent authorities if ATPIXELS is required to provide Client’s information.
6.5. The address of the unit that collects and manages personal information
ATPIXELS’s managing unit with the information below is responsible for collecting and managing personal information:
a. Name of Company: ATPIXELS LIMITED COMPANY
b. No. 52A, Alley 22p, Group 5 Da Sy, Kien Hung Ward, Ha Dong District, Hanoi City, Vietnam
c. Phone number: Email: atpixels.vn@gmail.com
6.6. If any Client discovers that someone has forged the Client to provide personal information to ATPIXELS, this Client may contact ATPIXELS directly to report and request removal. Within ATPIXELS’s scope of rights, ATPIXELS shall endeavor to verify and promptly resolve violations to prevent violations.
6.7. Recommendations to Client
a. No security measure or technology is absolute. Therefore, information can only be kept confidential by the efforts of all related parties;
b. ATPIXELS is not liable for any liability for damages or losses (if any) due to Client’s failure to comply with ATPIXELS's regulations and/or in case personal information is disclosed without fault of ATPIXELS;
c. This privacy Policy applies only to Website ATPIXELS and does not cover or related third parties placing ads or links on Website ATPIXELS. ATPIXELS recommends that Client read carefully the privacy Policy of third-party websites before providing personal information to such websites. ATPIXELS is not responsible in any way for the content and legality of the site or Client's collection of personal information from third parties;
d. If Client does not agree with the terms of this privacy Policy, ATPIXELS suggests that Client should not send personal information to ATPIXELS.
7. COMPLIANCE AND HANDLING OF VIOLATIONS
7.1. Client undertakes to comply with the provisions of these Terms of Service and relevant documents signed by the Parties to govern this relationship (if any). At the same time, such compliance is a prerequisite for using the Service;
7.2. In case the Client violates any of the provisions set out in the Terms of Service, ATPIXELS reserves the right to:
a. Suspend and/ or terminate the provision of the Service without having to refund any money received from the Client;
b. Submit information about the case to the competent authorities for handling;
c. Force the Client to compensate for damage arising from the Client's violation.
8. TERMINATION
8.1. ATPIXELS reserves the right to suspend the performance of agreement upon notification to Client in one of the following cases:
a. Due to Force Majeure Event.
b. Delays and obstacles caused by Client affect ATPIXELS's performance of the Service under agreement.
c. Client fails to make payment on time as prescribed.
8.2. Any notices and other communications of Client shall be deemed valid and effective only if Client sends via email or makes a call to the following addresses:
a. For any questions related to existing orders and newly arising services:
Email: atpixels.vn@gmail.com
b. For any questions related to invoices and payments:
Email: atpixels.vn@gmail.com
8.3. In case that a Party fails to remedy the violation and/or complete the remedy within 5 (five) working days from the date receiving the notice of violation from the other Party; or the violation is incurable; or the violation remains, the aggrieved Party shall be entitled to:
a. Unilaterally terminate of the agreement, Service.
b. Suspend the the agreement and Service.
c. Require compensation for damage in accordance with the laws of Vietnam.
9. GENERAL PROVISIONS
9.1. If any part of the Terms of Service is declared invalid for any reason, the voided part shall not affect the remaining terms of the Terms of Service.
9.2. The Website ATPIXELS may assign the Terms of Service and any of its rights under Terms of Service, in part or in whole, and Website ATPIXELS may also authorize the performance of any of its obligations under Terms of Service. Client may not assign the Terms of Service, in part or in whole and transfer or sublicense the Client's rights under Terms of Service to any third party.
9.3. Disagreements and/or, disputes arising out of or related to these Terms of Service shall be negotiated and discussed by Parties to resolve. If the Parties are unable to resolve through negotiation, those disagreements and disputes shall be resolved at a Vietnamese competent court;
9.4. The Terms of Service (and any other disputes/claims arising out of or related to Terms of Service) must comply with the laws of Vietnam.