Terms of Service

These Terms of Service (“Terms”) govern your use of the services provided by S-Technology Co., Ltd. (“S-Technology”, “we”, “our”, or “us”), located in Ho Chi Minh City, Vietnam. By engaging our services or accessing our platforms, you (“Client”, “you”) agree to be bound by these Terms.

1. Services

S-Technology provides IT outsourcing and software development services including, but not limited to: custom software development, mobile application development, cloud and DevOps engineering, UI/UX design, quality assurance and testing, and dedicated development team placement. The specific scope of services for each engagement is defined in a separate Statement of Work (SOW) or Service Agreement.

2. Engagement & Orders

All service engagements are initiated through a signed SOW or written agreement that specifies deliverables, timelines, and fees. These Terms apply to all such engagements unless explicitly superseded in writing. We reserve the right to decline any project at our sole discretion.

3. Payment Terms

Payment terms are defined in the applicable SOW. Unless otherwise agreed:

• Project-based engagements are billed by milestone. A milestone payment is due upon delivery and acceptance of the corresponding deliverable.
• Retainer and dedicated team engagements are billed monthly in advance.
• Invoices are payable within 14 calendar days of issuance.
• Late payments may incur interest at 1.5% per month on the outstanding balance.
• All fees are exclusive of applicable taxes unless stated otherwise.

4. Intellectual Property

Upon receipt of full payment for the applicable deliverable, S-Technology assigns to the Client all right, title, and interest in and to the deliverables created specifically for that engagement, including all intellectual property rights therein.

S-Technology retains ownership of all pre-existing tools, frameworks, libraries, and methodologies used in the delivery of services (“Background IP”). Where Background IP is incorporated into deliverables, S-Technology grants the Client a perpetual, non-exclusive, royalty-free license to use such Background IP solely as part of the deliverable.

5. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with the engagement (“Confidential Information”). Neither party will disclose the other’s Confidential Information to third parties without prior written consent, nor use it for any purpose other than performing obligations under the applicable SOW. This obligation survives termination of any engagement for a period of three (3) years.

6. Warranties & Representations

S-Technology warrants that:

• Services will be performed in a professional and workmanlike manner.
• Deliverables will substantially conform to the specifications in the applicable SOW.
• S-Technology has the authority to enter into and perform under these Terms.

Except as expressly set forth herein, services and deliverables are provided “as is.” S-Technology disclaims all other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

7. Limitation of Liability

To the maximum extent permitted by applicable law, S-Technology’s total liability for any claim arising out of or related to these Terms or any SOW shall not exceed the total fees paid by the Client under the applicable SOW during the three (3) months preceding the claim.

In no event shall either party be liable for any indirect, incidental, special, consequential, or punitive damages, regardless of the theory of liability, even if advised of the possibility of such damages.

8. Termination

Either party may terminate an engagement with thirty (30) days’ written notice. The Client shall pay for all work completed and accepted prior to the effective date of termination. S-Technology may terminate immediately upon the Client’s material breach that remains uncured after ten (10) days’ written notice.

9. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Socialist Republic of Vietnam. Any dispute arising out of or in connection with these Terms shall first be submitted to good-faith negotiation. If unresolved within thirty (30) days, disputes shall be submitted to binding arbitration under the Vietnam International Arbitration Centre (VIAC) rules, with proceedings conducted in English in Ho Chi Minh City, Vietnam.

10. Modifications

We may update these Terms from time to time. Material changes will be communicated via email or notice on our website. Continued use of our services after the effective date of any update constitutes acceptance of the revised Terms.

11. Contact

For questions about these Terms, please contact us at: legal@s-technology.vn