1. Company information
1Office is a productivity platform (software as a service) for businesses, operated and developed by Workway Joint Stock Company. Beyond providing online technology tools, we take no part in how a business actually uses them.
a) Name and head-office address of the trader or organisation, or name and permanent address of the individual:
- Name: WORKWAY JOINT STOCK COMPANY
- Office: 5th floor, Diamond Place, 25 Le Van Luong, Thanh Xuan ward, Hanoi
b) Telephone number, email address or another online means of contact:
2. Definitions
1Office: The platform (software as a service) that supports efficient operation and work inside a business, commercially available at https://1office.vn/. The 1Office platform offers a wide range of powerful features that help the Customer run and operate their business efficiently:
- Workplace: A toolkit for internal communication, and for managing projects, tasks, processes, requests, administration, documents and work calendars.
- HRM: A toolkit for human resource management, from recruitment, employee data storage and training – appraisal, through to timekeeping and payroll.
- CRM: An all-in-one toolkit for sales management, covering marketing, customer care, sales, purchasing, receivables, revenue and inventory.
Customer:
Legal entities or individuals wishing to use the 1Office all-in-one business management platform, or any one of the features developed on the 1Office business platform.
User account:
- Deployment status: After the contract is signed, the 1Office User's software link is set to “deployment” status in the reconciliation system and no fee is charged.
- Live status: Once the deployment period stated in the contract ends, the 1Office User's software link moves to “Live” status. In this status the reconciliation system starts recording the number of users in order to charge fees.
- Suspended status: Where the 1Office User is for any reason not yet able to put the software into use, the 1Office User may ask 1Office (in writing or by the email stated in this contract) to move the system to “Suspended” status. In this status 1Office charges no maintenance fee for 3 months; from the 4th month onwards 1Office charges the minimum maintenance fee of VND 500,000/month
3. The customer's 1Office account
1Office is responsible for granting the 1Office User the right to use the 1Office business management software on a periodic paid subscription basis. Data is stored in a data center controlled to the ISO 27001 international information security standard.
During registration the Customer creates an account and a password:
- The Customer is responsible for keeping their own account and password secure and bears full responsibility for all activity connected with their account.
- For each account the Customer may invite company employees to join. The number of employees depends on the fee tier.
- The Customer must notify 1Office immediately if anyone uses their account or password without permission, or of any security flaw, and must make sure they log out after each session. 1Office is not liable for any loss, damage or other liability arising if the Customer fails to comply with this rule or from unauthorised access to the Customer's account.
- Where two or more parties dispute ownership of an account, the Customer agrees that 1Office acts as the sole arbitrator of that dispute and that 1Office's decision (which may include terminating or suspending the disputed account) is final and binding on all parties.
4. Confidentiality of information
All information the 1Office User provides and/or enters into the 1Office business management software is the exclusive property of the 1Office User and is treated as Confidential Information of both parties under this Contract. 1Office undertakes to keep this data and information entirely confidential and not to use, circulate or in any way disclose any Confidential Information to any other person, company or business, except with the consent of the 1Office User's representative and/or where a competent state authority requests it, in which case 1Office must discuss and agree with the 1Office User before disclosure as required by law.
For any breach of information confidentiality caused by 1Office, 1Office must pay the 1Office User a penalty for breach of the confidentiality obligation equal to 100% of the total Contract value (counted from the date the parties signed the Contract to the date of the breach) and refund the entire remaining balance in the user account to the 1Office User. 1Office bears full responsibility for compensating all resulting damage in accordance with the law and the commercial value affected for the 1Office User, and its liability is not capped until 1Office has dealt with or recovered the leaked confidential information.
If Confidential Information is disclosed through the fault of a 1Office employee, the 1Office User may bring a civil action and/or ask the competent authorities to intervene where the conduct appears criminal.
After the parties agree to terminate the agreement, or where they no longer reach agreement on business cooperation, the confidentiality arrangements in this Contract and 1Office's confidentiality obligation under this Contract continue until 1Office ensures that all data and information has been handed over to the 1Office User and that 1Office has not copied or retained, in any form, any of the data and information the 1Office User provided or entered into the 1Office business management software throughout the parties' performance of this Contract.
5. Customer data and the responsibilities of the parties
Customer data is all information the Customer sends, uploads, transmits or by any means causes to be displayed in the Customer's 1Office account. It includes messages, notifications, files, images, videos, opinions, comments, links, work-related content and all information displayed in the Customer's 1Office account; Customer data also includes all information, links and text that the Customer and the Customer's user accounts bring into 1Office through cloud storage platforms such as Google Drive, OneDrive and DropBox.
The Customer may use and control access to the data posted in their 1Office system account. The Customer bears full responsibility for all data that the Customer or the Customer's user accounts send to and/or from 1Office.
Deciding what data to put into the 1Office account rests entirely with the Customer. However, the following content is NOT PERMITTED on 1Office:
- Content that harms or injures people and property.
- Content involving the publication of fraudulent, defamatory, harassing or pornographic information or material.
- Content that invades privacy or discriminates on grounds of race, religion, sex or disability.
- Content that infringes intellectual property rights or other ownership rights.
- Content that obstructs or damages 1Office (including but not limited to unauthorised access to 1Office by any hardware or software means).
1Office may disable access to the Customer's data content if we determine that the data accessed breaches these Terms, or if we receive a complaint from a user account, a notice of intellectual property infringement and/or a notice from the competent authorities that the content shows signs of breaking the law.
6. Third-party platforms that collect user data
1Office uses three platforms — Google Analytics, Google Tag Manager and Facebook Pixel — to help collect and analyse user behaviour. These third parties collect information about how users reach 1Office (which browser, which device, which location) and about users' behaviour and activity in the 1Office system, each under its own policy. 1Office uses the information collected to understand and analyse customer behaviour and needs, so as to improve the products and services it provides and to develop new features, products and services for customers.
All three platforms are large, globally used systems that meet standards for the protection of personal information and user data. 1Office does not control how these third parties store and use the data they collect under their own terms and policies. The Customer can read the terms and policies these third parties publish on their websites for full information. By using the 1Office system the Customer also accepts these third parties' terms of service.
7. New feature updates
1Office distinguishes three cases:
7.1. New feature updates
A new feature means an entirely new feature, or an existing feature that is modified or upgraded with a major change in logic that may change how 1Office users work or the scope in which they apply it.
Service status for 1Office users: Negligible downtime, or use can continue during the upgrade. Depending on what is upgraded, users may or may not have to log in again.
Notice to 1Office users: 1Office notifies customers four times. The first notice goes to 1Office users and the relevant departments 10–20 days in advance, based on the product development plan and timeline. The second notice goes to 1Office users 2 days in advance as a reminder to prepare. The third notice goes to 1Office users 24 hours in advance. The fourth notice confirms the successful update to 1Office users, where applicable.
7.2. Bug fixes and minor feature updates
Patch releases for the software, or minor features that change the interface or convenience for users without affecting how the software works.
Service status for 1Office users: Negligible downtime, or use can continue during the upgrade.
Notice to customers: For a specific bug fix, 1Office notifies the 1Office users concerned through the deployment and customer care teams. For significant new changes, 1Office may notify 1Office users of what the update contains.
7.3 Server updates
Moving or migrating 1Office users to another server, hardware upgrades or maintenance that require the server to be stopped, or server downtime due to scheduled maintenance or an incident announced in advance by the cloud provider.
Service status for 1Office users: Downtime, as announced. Typically 20 minutes to 1 hour.
Notice to 1Office users: 1Office users are notified 24 hours in advance, or earlier once a specific schedule is known where the change comes from the server provider, plus a further notice 30 minutes before the upgrade starts.
8. Data loss
1Office is liable for damage caused by the loss of 1Office users' data where the fault lies with a 1Office employee, with the quality of the software, or with a fault that stalls or interrupts the use of the data.
1Office is responsible for providing the technical conditions that let the 1Office User use the software 24 hours a day, 7 days a week, except during system maintenance, upgrades and incident recovery. 1Office announces the schedule for downtime for maintenance, upgrades or backups to the 1Office User in advance through a notice inside the software. Maintenance, upgrade or backup schedules run daily, weekly, monthly or yearly and are preferably carried out at night, when the system is least used.
9. Payment and reconciliation
The 1Office User pays once every 12 months. The first payment period follows the order appendix attached to the contract. For the next payment period, the last month of the previous period is taken as the basis and multiplied by 12 months to give the amount payable. 1Office issues an invoice to the 1Office User as soon as it receives the payment from them.
All subscription fees the 1Office User pays are credited (including any promotional amount) to the 1Office User's usage account. On the last day of the month the system automatically reconciles the actual number of users by account type and calculates the amount the customer actually used that month. After reconciliation the system automatically deducts that amount from the 1Office User's usage account and sends the customer a notification email. The 1Office User can see the full payment and reconciliation history in the administration page.
The 1Office User's account must not stay in negative balance for more than 10 days (excluding public holidays and Tet). When the balance goes negative, 1Office must send an email notice so the 1Office User can top up. 1Office is not obliged to notify the 1Office User on paper. If the 1Office User requires notice on paper, the 1Office User bears all courier costs.
10. Termination of the contract
The contract terminates in the following cases:
- Both parties agree to wind up the contract.
- 1Office may unilaterally terminate the contract because the 1Office User has failed to meet its payment obligation to 1Office under Article 8 (above).
- The 1Office User may unilaterally terminate the contract because the software 1Office provides fails to keep data safe and the data has been unlawfully accessed by another organisation or individual.
- 1Office unilaterally terminates the contract at the request of a competent state authority.
11. Warranties and limitation of our liability
1Office does not undertake, represent or warrant that the Customer's use of the 1Office platform will be uninterrupted or error-free, that the 1Office platform will meet the Customer's requirements, that every fault in the software and/or documentation will be fixed, or that the wider system on which the 1Office platform depends will work (including but not limited to the internet, other transmission networks, local networks and the Customer's own devices). 1Office gives no warranty of any kind, whether express or implied, as to conditions such as satisfactory quality, fitness for a particular purpose, or non-infringement of third-party rights.
The Customer bears full responsibility for determining whether the 1Office platform, or the information it produces, is correct and fully suited to their purpose.
Limitation of legal liability
In no event is 1Office liable for any direct, indirect, incidental or punitive damage, including but not limited to loss of revenue, loss of profit, loss of business advantage, work stoppage or data loss resulting from:
- Use of, or inability to use, the 1Office platform
- Any changes made to the 1Office platform
- Denial of access to, or alteration of, data
- Deletion, corruption or failure to store data held on or passing through the 1Office platform
- Statements or conduct of any third party in relation to the 1Office platform
- Any other matter relating to the 1Office platform.
12. Force majeure
In an event of force majeure neither party is obliged to perform its responsibilities under this contract. The parties agree that the following count as force majeure:
- Natural disasters or epidemics that obstruct, destroy, congest or cut the connection to 1Office's data center.
- Wide-area power failures; telecommunications cable breaks that congest or cut the telecommunications and internet connection to 1Office's data center.
- Other force majeure events as provided by law.
13. Dispute resolution
All disputes or disagreements arising between the two parties are settled in a spirit of cooperation.
Where a dispute arises that the parties cannot settle themselves, they bring it before the People's Court of Hanoi/Ho Chi Minh City. The judgment of the People's Court of Hanoi/Ho Chi Minh City is final and 1Office is bound to comply with it.
