Terms & Conditions

1. Definitions

• "Vinh Phat", "we", "us", "our": Refers to Vinh Phat, a consulting firm registered and operating in Ho Chi Minh City, Vietnam.
• "Client", "you", "your": Any individual, company, or organisation that submits an enquiry, signs an engagement letter, or uses our website.
• "Services": Business consulting services described on this website, including KPI Framework Development, Cross-Border Trade Advisory, and Transformation Program Management.
• "Engagement": A formally agreed consulting project initiated by a signed engagement letter and deposit payment.
• "Deliverable": Any document, report, framework, specification, or other output produced by Vinh Phat during an engagement.
• "Website": The website accessible at https://vinhphatlu.club and all pages therein.
• "Agreement": These Terms & Conditions together with the specific engagement letter applicable to your project.

2. Acceptance of Terms

By using this website, submitting an enquiry, or entering into an engagement with Vinh Phat, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions.

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement on behalf of yourself or your organisation. If you are acting on behalf of a company, you warrant that you have authority to bind that company to these terms.

If you do not agree with any part of these terms, you are welcome to contact us to discuss your concerns before proceeding.

3. Service Description

Vinh Phat provides professional business consulting services to companies and organisations operating in or expanding into Vietnam and regional markets. Our three core service offerings are:

• KPI Framework Development — design and validation of strategic performance indicators over a two-to-three week engagement.
• Cross-Border Trade Advisory — guidance on export documentation, tariff structure, and trade agreement utilisation over a three-to-four week engagement.
• Transformation Program Management — advisory oversight of multi-workstream transformation programs for the duration of the client's program timeline.

Detailed service descriptions, typical deliverables, and indicative pricing are set out on our Solutions page and in the engagement letter specific to your project.

Service availability is subject to consultant capacity. Vinh Phat reserves the right to decline or defer an engagement where capacity constraints apply, and will communicate this at the proposal stage.

4. Engagement Process

All formal consulting engagements follow this process:

1. Client submits an enquiry via the website contact form or by direct communication.
2. Vinh Phat schedules an introductory call to understand the client's situation and needs.
3. Vinh Phat prepares and sends a written engagement proposal covering scope, timeline, deliverables, and fees.
4. Client reviews the proposal and, if satisfied, signs the engagement letter and pays the deposit.
5. Work commences on the agreed start date.
6. Final deliverable is submitted and balance payment is due upon delivery.

5. Payment Terms

Fee Structure

Service fees are denominated in Vietnamese Dong (VND) as stated in the engagement letter. Indicative prices on this website are for reference and may be adjusted for project scope at the proposal stage.

Payment Schedule

• Deposit (50%): Due upon signing of the engagement letter. Work does not commence until the deposit is received.
• Balance (50%): Due upon delivery of the final deliverable.

Payment Methods

Payment is accepted by bank transfer to Vinh Phat's designated Vietnamese bank account. Details are provided in the engagement letter. Receipts are issued within two business days of payment clearance.

Late Payment

If a balance payment is not received within ten business days of deliverable submission, Vinh Phat may suspend further advisory support and reserves the right to withhold transfer of deliverable files until payment is cleared.

Changes in Scope

Material changes to agreed scope requested by the client after work has commenced may result in a revised fee. Any fee adjustment will be agreed in writing before additional work begins.

6. Client Responsibilities

Clients engaging Vinh Phat agree to:

• Provide accurate, complete, and timely information required for the engagement.
• Make relevant internal stakeholders available for workshops, interviews, or review sessions as agreed.
• Review and provide feedback on draft deliverables within the timeframe specified in the engagement letter.
• Not misrepresent the nature or purpose of the engagement to third parties.
• Use deliverables only for lawful business purposes consistent with the scope described in the engagement letter.

Delays caused by the client's failure to provide required inputs or approvals may extend the engagement timeline. Vinh Phat is not responsible for project delays attributable to client-side factors.

7. Intellectual Property

Upon receipt of full payment, Vinh Phat grants the client a non-exclusive, perpetual licence to use the deliverables produced under the engagement for the client's internal business purposes.

Vinh Phat retains ownership of all methodologies, frameworks, templates, and analytical approaches used in producing the deliverables. The client may not resell, sublicense, or distribute the deliverables to third parties without prior written consent from Vinh Phat.

All content on the Vinh Phat website — including text, graphics, and structure — is the property of Vinh Phat and may not be reproduced without permission.

8. Confidentiality

Both parties agree to treat as confidential all non-public information shared during the course of an engagement. Vinh Phat will not disclose client business information to third parties except where required by Vietnamese law or with the client's prior written consent.

Vinh Phat may reference completed engagements in aggregate or anonymised form for business development purposes. No identifying information about a client will be shared without consent.

Confidentiality obligations survive the end of an engagement for a period of three years.

9. Disclaimers

Vinh Phat's services are advisory in nature. Our consultants provide analysis, frameworks, and recommendations based on information available at the time of the engagement. Clients are responsible for their own business decisions.

We do not represent that outcomes described in our proposals will be achieved. Business results depend on many factors outside our control, including market conditions, management execution, and regulatory changes.

The website and its content are provided on an "as is" basis. We make reasonable efforts to keep information current but do not warrant that all content is accurate, complete, or up to date at all times.

10. Limitation of Liability

To the maximum extent permitted by Vietnamese law, Vinh Phat's total liability to any client in connection with an engagement shall not exceed the total fees paid by that client for the engagement in question.

Vinh Phat is not liable for indirect, consequential, or incidental losses, including but not limited to lost profits, lost data, or business interruption arising from reliance on our advice or deliverables.

Nothing in these terms limits Vinh Phat's liability for fraud, gross negligence, or any other liability that cannot be excluded under Vietnamese law.

11. Indemnification

The client agrees to indemnify and hold harmless Vinh Phat, its consultants, and associates from any claims, losses, or expenses arising from the client's misuse of deliverables, breach of these terms, or misrepresentation of information provided during the engagement.

12. Termination

Either party may terminate an engagement by providing written notice. The following conditions apply:

• If the client terminates after work has commenced but before the deliverable is complete, the deposit is non-refundable and additional fees may apply for work already performed.
• If Vinh Phat terminates due to the client's material breach of these terms, the deposit is retained and an invoice for work completed to date may be issued.
• If Vinh Phat terminates for reasons unrelated to client breach, a proportional refund of the deposit will be provided.

Confidentiality obligations, intellectual property terms, and limitation of liability provisions survive termination.

13. Governing Law and Dispute Resolution

These Terms & Conditions are governed by the laws of the Socialist Republic of Vietnam. The courts of Ho Chi Minh City shall have jurisdiction over any disputes arising from these terms or from a consulting engagement.

Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation. If negotiation does not resolve the dispute within 30 days, either party may escalate the matter to mediation under the rules of the Vietnam International Arbitration Centre (VIAC) or to the competent Vietnamese court.

14. General Provisions

• Entire Agreement: These terms, together with the applicable engagement letter, constitute the entire agreement between the parties for the relevant engagement.
• Severability: If any provision of these terms is found invalid or unenforceable, the remaining provisions continue in full force.
• Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it in future.
• Assignment: The client may not assign rights or obligations under an engagement without Vinh Phat's prior written consent.
• Notices: Formal notices must be sent by email to [email protected] or to the address below and are deemed received on the next business day.

15. Changes to These Terms

Vinh Phat may update these Terms & Conditions from time to time. The "Last Updated" date at the top of this page will reflect any changes. Continued use of our website or services after an update constitutes acknowledgement of the revised terms. For active engagements, material changes to terms will be communicated directly to the client.

16. Contact for Legal Enquiries