General transaction conditions
Terms of Service
Effective date: 1 October 2026
These terms are the general transaction conditions for the custom software development services of SUNMARI COMPANY LIMITED ("SUNMARI", "we"). They apply to every quote we issue and every order you place with us.
1. The agreement
Your agreement with us consists of the written quote you accept and these terms. If the quote and these terms differ, the quote prevails.
These terms are published in Vietnamese and English. If the two versions differ, the Vietnamese version prevails. Where the client is a consumer, the version more favourable to the consumer applies, as Vietnamese law requires.
2. Services
We analyze, design, develop, modify, maintain, test, and deploy web applications, mobile applications, business automation programs, and other software to each client's requirements. The exact scope of work is defined in each quote.
3. Quotes and orders
- You send an inquiry through the website form or by email. An inquiry is free and does not oblige you to order.
- We send a written quote stating the scope of work, the price item by item, currency, taxes and any fees, delivery schedule, payment stages, and how long the quote remains valid.
- Paying the amount stated in the quote counts as accepting the quote and these terms, and the order is made at that moment. You may also tell us in writing (email is sufficient) that you accept.
4. Prices and payment
- There is no fixed price list. The price of each project or subscription is the price stated in the quote.
- The quote states the currency, the taxes, and any other fees, so you know the total before you accept.
- A project is paid in the stages stated in the quote. A subscription is charged at the start of each billing cycle stated in the agreement.
- Payment is made by credit card through a licensed payment service provider. We do not receive or store your full card number.
- The cost of third-party services bought for your project, such as domains, hosting, licences, or app-store fees, is listed separately in the quote.
- If a payment that is due has not been received, we may pause work until it is paid.
5. Delivery
- All work is delivered online: sent by email or online storage, handed over by transferring administrator accounts, or deployed to your server, cloud account, or app store. No physical goods are shipped and there is no delivery charge.
- The delivery schedule is stated in the quote. If materials, access, or feedback that we need from you arrive late, the schedule moves by the same length of time.
- Delivery is complete when you confirm acceptance in writing (email is sufficient) as described in section 8.
6. Your responsibilities
- Give us accurate requirements and the materials, access, and decisions needed for the work, in time.
- Make sure you have the right to use any content, data, or software you give us.
- Use the delivered software lawfully.
7. Changes to the scope
Work that is not in the accepted quote is quoted separately before we start it.
8. Review and acceptance
After delivery you have 14 days to review the software, unless the quote states a longer period. Tell us in writing of anything that does not match the agreed specification and we correct it free of charge. The review period starts again when we deliver the correction. If we receive no notice within the review period, the delivery is treated as accepted.
9. Warranty
For 3 months after acceptance, unless the quote states a different period, we correct free of charge any defect that makes the software fail to match the agreed specification. We respond to a defect report within 1 business day. Time spent on a repair is not counted in the warranty period. If we cannot correct a defect, we refund the fee for the part that does not conform.
The warranty does not cover problems caused by changes made by others, by third-party services, or by an environment different from the one agreed, and it does not include new features.
10. Intellectual property
- When you have paid in full, you receive the rights to the delivered software as stated in the quote.
- We keep the rights to tools, libraries, and know-how that we had before the project or that are not specific to it. You may use them as part of the delivered software.
- Third-party and open-source components remain under their own licenses.
11. Confidentiality
Each party keeps the other's non-public business and technical information confidential and uses it only for the project. This continues after the project ends.
12. Cancellation and refunds
You may cancel a project or a subscription at any time. Cancellation and refunds are governed by our Refund and Cancellation Policy, which is part of these terms.
13. Subscriptions
A subscription continues from one billing cycle to the next until either party cancels it. You may cancel at any time, without a notice period and without a fee, as described in the Refund and Cancellation Policy. We may end a subscription by giving 30 days' written notice, and we refund any fees already paid for the time after it ends. If a payment remains unpaid, we may suspend the service until it is paid.
14. Liability
To the extent the law allows, our total liability is limited to the total fees you paid for the project concerned or, for a subscription, the fees paid in the 12 months before the claim arose. We are not liable for indirect losses such as lost profit or lost data. Nothing in these terms limits liability that the law does not allow to be limited, including the rights of consumers.
15. Personal data
We handle personal data as described in our Privacy Policy.
16. Complaints and disputes
- Send a complaint to support@sunmari.net with your name, the quote or invoice number, and a description of the problem.
- We confirm receipt within 2 business days and give our answer within 7 business days.
- If you do not agree with the answer, the parties negotiate in good faith. If negotiation fails, the dispute is settled by the competent court in Vietnam. These terms are governed by the laws of Vietnam.
- Consumers may also bring a complaint to the state authority or social organisation for consumer protection.
17. Changes to these terms
We may update these terms by publishing a new version on this page with a new effective date. An order is governed by the version in effect when its quote was accepted.