1. Acceptance of Terms

  1. Your agreement to comply with and be bound by these Terms & Conditions is deemed to occur upon your first use of the Website. You will not use the Website for any purpose that is unlawful or prohibited by these Terms & Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these Terms & Conditions.
  2. ADCREW CO., LTD reserves the right to change these Terms & Conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms & Conditions regularly for any changes.

2. Definitions

Unless otherwise stated in these Terms & Conditions, the capitalized words and expressions in these Terms & Conditions shall have the meanings hereby assigned to them:

  1. “Contract” means this Service Contract, Appendixes and any other document(s) agreed and signed by both Parties to supplement and amend these Terms & Conditions from time to time (if any);
  2. “Service” means the work to be implemented by Supplier for the Buyer as per these Terms & Conditions and specified in details in any other agreed document(s) between the Parties;
  3. “Handover Products” means all equipment, documents, products and materials to be developed and produced by the Supplier for the Buyer in relations to the Service supplied (if any);
  4. “Service Charge” means the amount which the Buyer shall pay to the Supplier with regards to the Service implemented by the Supplier;
  5. “Discount” means the deduction from the Service provided by the Supplier for the Buyer in any other agreement(s) (if any);
  6. “Service Period” means the period starting from the Start Date and ending on the Completion Date. Service Period also refers to Remedy Period (if any);
  7. “Start Date” means the date when the Supplier starts providing the Service for the Buyer and is understood as the signing date;
  8. “Completion Date” means the date when the Supplier completes the provision of Service for the Buyer;
  9. “Acceptance Date” means the date when the Parties conduct the check and takeover and sign the Minutes of Service Acceptance;
  10. “Remedy Period” means the period agreed by the Parties in writing, which specifies that the Supplier shall remedy and repair all of defects in the Service which is detected before or on the Acceptance Date;
  11. “Location of Service” is the place where is specified in any other written document(s);
  12. “Minutes of Service Acceptance” means the document signed by the Parties which confirms that the Supplier has completed provision of Service for Buyer as a basis of payment between the Parties;
  13. “Working Day” means all calendar days (except for Saturday, Sunday and national holidays of Vietnam).

3. Quality of Service

The Supplier guarantees that:

  1. The Supplier shall guarantee to provide the Service in high quality and competent skills which follow the commercial activity practice and standards widely recognized as well as corresponding legal regulations applied in the service sector;
  2. The Service shall be accord with the descriptions, conditions and technical specification agreed by the Parties;
  3. The Handover Products associated with the Service (if any) shall be in compliance;

4. Quality Assurance – Service Warranty

  1. The Supplier shall be responsible for supplying the Service with quality guarantee in compliance with the description and standards agreed by the Parties.
  2. The Supplier shall be responsible for Warranty of the provided Service in accordance with warranty standards and within the warranty period as specified in any documents attached herewith. In the event the Service comes along with Handover Products, the Handover Products shall be under the manufacturer’s warranty.

5. Safety

The Supplier shall take full responsibility for entire labor safety and provision of labor protection equipment for every worker, agent, contractor and subcontractor of the Supplier during implementation of the Service for the Buyer in Location(s) of Service and during the Service Period. The Supplier agrees to pay for suitable insurances against damages of property, life, and civil liability as well as labor accidents of labor, agents, contractors and subcontractors of the Supplier which may occur during provision of Service under this Article and in accordance with current regulation(s).

6. Intellectual Property Rights

  1. The Supplier shall ensure that he shall not violate any legal regulations relating to Intellectual property rights and all other relevant rights against the Service and Handover Products (if any) supplied for the Buyer.
  2. The Supplier shall implement, sign and approve the necessary documents from time to time in order to ensure the Buyer’s whole benefits in relations to ownership and intellectual property rights (if any) with regards to the aforesaid Service and Handover Products in accordance with legal regulations, if requested by the Buyer.
  3. The Buyer understands and commits not to disclose and/or violate any legal regulation relating to intellectual property rights and all other relevant rights with regards to the Service and Handover Products (if any) supplied for the Buyer.

7. Force Majeure

  1. The delivery of Service may be delayed or cancelled in the event of force majeure such as natural disaster, disease, war, terrorism, rebellion, strikes or change of legal policy or under the competent authorities’ determination, and these events take place due to objective causes which are out of control or forecast of the Parties. The Parties impacted by the force majeure must immediately inform the other Party of the occurred force majeure. In this event, under the Party with rights, the responsible Party under these Terms & Conditions shall be granted a corresponding extra time period to remedy the subsequence of force majeure and complete his obligations under these Terms & Conditions or the Contract shall be terminated prior to the ending date depending on the determination of the Party with rights.
  2. If the Contract is forced to be terminated as an impact of the force majeure, the Parties shall terminate the Contract earlier than the ending date in accordance with the Contract and under current legal regulations.