Action to use or access to https://imagtor.com/ (“Website IMAGTOR”) 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: Nghi Luc Song Services Joint Stock Company (“IMAGTOR”)
• Business Code: 0107317899
• Headquarters: 3rd Floor, Block No. 14, Nguyen Canh Di Street, Dai Kim - Dinh Cong Urban Area, Dai Kim Ward, Hoang Mai District, Hanoi City
Therefore, please read the following information carefully before using the functions of Website IMAGTOR 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 IMAGTOR accepted to provide the Services that shall be applied.
IMAGTOR and Client hereinafter are referred to individually as the “Party” and collectively as the “Parties”.
1. SERVICE AND SERVICE IMPLEMENTATION
1.1. IMAGTOR implements 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 IMAGTOR from time to time (“Policy”) and posted on Website IMAGTOR.
1.3. Standard of Service: IMAGTOR implements Service in accordance with applicable laws, Policy and the best effort for Client’s benefit.
1.4. Completion of Service: IMAGTOR is deemed to have completed Service if Client does not send any claims/ requests for modification via email/phone/system to IMAGTOR or communication in person with IMAGTOR within 12 (twelve) hours from the date of Product handover. Upon complaint/request for modification Product, Client needs to provide basis for IMAGTOR’s consideration, IMAGTOR 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
a. Standard time for delivering Product is set based on specific services as well as Client’s needs and agreed by IMAGTOR and Client. IMAGTOR may require an additional fee if Client wishes to receive Product for order(s) earlier than standard delivery commitment.
b. IMAGTOR is responsible for re-processing any Products that are not appropriate for agreement between Parties within 30 (thirty) days from the date that IMAGTOR delivers Product. If Client makes a request for modification beyond the Parties’ agreement, IMAGTOR shall charge additional fee for such orders and notify Client in advance.
c. Replacing input information (input): IMAGTOR does not agree to replace input when Product has been completed and/or delivered to Client. Client agrees that Client is solely responsible for the consequence caused by sending incorrect input to IMAGTOR.
d. Backing up and storing data: All files confirmed and sent by Client to IMAGTOR and files completed by IMAGTOR shall be stored within 30 (thirty) days after the date such order is delivered for the purpose of accommodating any requests of modification. Files not confirmed by Clients shall be stored within 15 (fifteen) days.
1.7. Time to provide Service
IMAGTOR provides Service 24/24 from Monday to Friday; On Saturday, IMAGTOR stops working from 09:30 pm (GMT+7). For orders sent after 12 p.m on Saturday, IMAGTOR shall implement and deliver Product on Monday of the next working week depending on the standard delivery time (TAT) of each service.
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 IMAGTOR, 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 implementing 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 IMAGTOR.
2.3. Payment methods. Client pays IMAGTOR via bank transfer or OnePAY Online payment gateway.
3. ROLE AND RESPONSIBILITIES OF CLIENT
3.1. Client pays in full to IMAGTOR for the Products completed by IMAGTOR 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 IMAGTOR when using the services of Website IMAGTOR;
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 IMAGTOR 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 IMAGTOR in resolving disputes, complaints and requests for refund/exchange arising (if any);
3.7. Client commits, agrees not to use services of Website IMAGTOR 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 IMAGTOR or use IMAGTOR’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 is 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 is 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 regards to the revenue and benefits received from the production and circulation of all Products and Services ordered under the agreement, IMAGTOR acknowledges and agrees that IMAGTOR 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, IMAGTOR shall transfer ownership of Product(s) that IMAGTOR is performing to Client in proportion to the level of completion of Product(s). IMAGTOR shall retain ownership of Product(s) which are handed over until IMAGTOR has received the Service Fee in full and other costs (if any) that Client is obligated to pay to IMAGTOR hereunder.
5.3. During and after the term of implementing the Service, Client exempts IMAGTOR as well as all employees, managers, and partners of IMAGTOR 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 IMAGTOR including articles, images, process design is copyrighted by NGHI LUC SONG SERVICES JOINT STOCK COMPANY, it is strictly forbidden to copy and share without permission from IMAGTOR, 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 IMAGTOR;
b. Contacting, supporting and solving questions of Client when using IMAGTOR’s services;
c. Improving and upgrading the content and interface of Website IMAGTOR as well as the quality of the IMAGTOR’s service based on the feedback of Client during the use process;
d. Client’s personal information collected when using the services on Website IMAGTOR 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. IMAGTOR 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
b. Accordingly, IMAGTOR 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 IMAGTOR;
b. IMAGTOR (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 IMAGTOR is required to provide Client’s information.
6.5. The address of the unit that collects and manages personal information
IMAGTOR’s managing unit with the information below is responsible for collecting and managing personal information:
a. Name of Company: Nghi Luc Song Services Joint Stock Company
b. Headquarters: 3rd Floor, Block No. 14, Nguyen Canh Di Street, Dai Kim - Dinh Cong Urban Area, Dai Kim Ward, Hoang Mai District, Hanoi City
c. Phone number: +84 (24)3 878 2888 Email: firstname.lastname@example.org
6.6. If any Client discovers that someone has forged the Client to provide personal information to IMAGTOR, this Client may contact IMAGTOR directly to report and request removal. Within IMAGTOR’s scope of rights, IMAGTOR 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. IMAGTOR is not liable for any liability for damages or losses (if any) due to Client’s failure to comply with IMAGTOR's regulations and/or in case personal information is disclosed without fault of IMAGTOR;
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, IMAGTOR 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.
8.1. IMAGTOR 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 IMAGTOR'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:
Phone number: +84 (0)243 878 2888; Email: email@example.com
b. For any questions related to invoices and payments:
Phone number: +84 (0)243 878 2888; Email: firstname.lastname@example.org
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 IMAGTOR may assign the Terms of Service and any of its rights under Terms of Service, in part or in whole, and Website IMAGTOR 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.