Please read Terms of Service carefully before applying for an \Account, Circle (ID), Unique (ID) and Phone Number.
The Service Agreement
Chapter 1 GENERAL PROVISIONS
Article 1 (Scope of the Terms of Service)
1. Network services (VoIP, data communication, mobile phone, landline phone) provided by Synergia BPO Solutions Inc. and or Synergia Inc for brevity (the "Company"), and sale and rental of the products (communication devices and other products) by our company will be hereinafter collectively referred to as "Services". Anyone who wishes to apply for any of our services will be hereinafter referred to as "Applicant”. This Phone Service Agreement (the "Agreement") is meant to cover any relationship between the applicant and our company.
2. Both the Applicant and the Company shall be obliged to comply in good faith with this Agreement.
3. If the company decides to create another terms of use or any other terms (each a "Term", collectively "Terms") separate from this agreement, the term will be a part of the agreement, and if in any case, the term is in conflict with the agreement, the term will take precedence and its meanings will be used.
Article 2 (Changes to the Agreement)
1. The Company reserves the right to modify this Agreement without any prior notice to Applicants. In this case, the service’s terms of use shall be based on the modified Agreement after the changes.
2. If the company makes any changes to the agreement, the company will notify the applicant using any of the methods specified in the next article. After the changes have been made, if the applicant uses any of our services or the applicant does not express disagreement of the modification to our company within the first week, it will be taken as the applicants expression of agreement with the modification.
Article 3 (Notifications from the Company)
1. Unless stated otherwise in the agreement, any notification from our company will be in the form of email, be posted at the homepage of our website or be in other ways that the company considers appropriate.
2. If notification is in the form of email, the company will send it to the Applicant's designated email address. When the email arrives at the mail server to which Applicant email belongs, it will take effect. If notification is posted at the company's homepage, it will be effective when it became available for viewing by public.
3. The notices shall be posted in the Topics section of the Company’s homepage. The latest postings shall be prioritized.
● The Company’s Homepage: http://www.auspiciouskey.com
4. It is the responsibility of the Applicant to periodically check the company's notifications either by checking the emails sent by the company or by viewing the company's homepage. What is meant by “checking” in this context is that the Applicant reads the notifications carefully whether they came in the emails or posted on the homepage.
Chapter 2 APPROVAL OF APPLICATION
Article 4 (Application Process)
1. Upon acceptance of this Agreement, the Applicant shall apply for subscription by following the procedure set by the Company.
2. If the Applicant is under the legal age and the company considers necessary, the company will require the Applicant to obtain a separate written consent from a person with parental authority or from a legal guardian (supervisor of guardian is also acceptable).
3. If the Applicant is an adult ward, the legal guardian (or supervisor of guardian) needs to submit the application.
4. If the Applicant is under the conservatorship, or limited guardianship, the company requires consent from conservator (or supervisor of the conservator) or limited guardian (or supervisor of limited guardian).
5.The application shall be considered invalid if the preceding clause (2), (3), or (4) was not met.
6. After accepting the Agreement, if you use the online sign-up form to apply for “Account”, “Circle”(CID), “Unique”(UID), or “Phone Number”, follow the format specified by the company, and enter the required fields, then click the submit button to send the application information to complete the application.
7. When submitting a written application, fill out the required items on the Company’s prescribed form and send it to the Company via postal mail or E-mail. Application forms may be requested to the Company via phone call, FAX, or email beforehand.
8. Depending on the type of services, it may require face-to-face sales and/or submission of photo attached self-identification document. If such requirements are present, the requirements are considered to be part of the application procedure for the service you are applying.
Article 5 (Application Approval and Completion)
1. The term [Registration Date] shall hereinafter be used collectively to refer to the acceptance of the provisions set forth in the preceding clauses and the date when the service subscription application has been approved and completed.
2. For online sign-up method, registration date is the date when the online registration has been completed and acknowledged by our system. This prompts the system to send a confirmation email, which contains your Account Information, Circle (CID), and password.
3. If a written application has been submitted, the company receives the application form, then follows the registration process. When the registration completes is determined to be the registration date. Following the registration completion, the email which contains Account information, Circle, Unique and password will be sent to the Applicant's email.
Article 6 (Application Denial)
1. The Company shall deny the Applicant’s registration if:
(1) Previously the Applicants rights to apply have been taken away.
(2) The content of the application contains false information, typographical error or omission
(3) Applicant is under the legal age and failed to submit consent of Applicants parental figures or legal guardians when required by the company.
(4) Applicant is an adult ward and application was not submitted by Applicants legal guardian.
(5) Applicant is under conservatorship or limited guardianship and consent was not obtained from conservator or limited guardian.
(6) Credit card, bank account, or postal savings account (“payment account” from this point forward) specified by the Applicant have been terminated or for any other reasons that the payment of methods can not be verified.
(7) Applicant matches any of the followings; pre-foreclosure, foreclosure, auction as a result of foreclosure, bankrupt, bankrupt of reorganization plans, and creditor voluntary liquidation.
(8) The Applicant has received trading suspension from clearing house or currently has the suspension status from any other payment service agencies.
(9) The Applicant is delinquent on public duties and taxes.
(10) The Applicant is suspected to use our service in a socially unacceptable way.
(11) The Applicant failed our credit review
(12) The Applicant is a gangster or affiliated to a gang, related to any organized crime group or anti-social organizations, or participated in anti-social activities
(13) the company considers the Applicant to be inappropriate for using our services
Article 7 (Termination of Contract)
1. If the Applicant wishes to terminate Account, Circle(CID), Unique(UID), telephone number or additional options, the Applicant needs to apply for termination online, or by using the designated format obtained from our website. If the Applicant apply before 25th of the month, the service ending date will be the last day of the month. The Applicant will be incurred for any additional charges until the end of the month. If the Applicant apply after 25th of the month, the service ending date will be the last day of the next month. Any additional charges will be incurred until the end of the next month.
2. Account, Circle(CID), Unique(UID), telephone number or additional options can not be terminated in the middle of the month.
3. If separate term exists, then it will take precedence.
4. If the Applicant failed to fulfill his/her obligations in paying Fees and Charges, etc., the Company shall terminate the Applicant’s subscription without prior notice.
5. If it has been found that the Applicant provided false information, the Company shall terminate the Applicant’s subscription without prior notice.
6. The Applicant’s subscription shall be terminated without prior notice if the Company found reasonable grounds to believe that the Applicant’s credit standing is deteriorating or is expected to deteriorate.
7. The Company may terminate subscription without prior notice if the Applicant committed a serious violation of Agreement.
Chapter 3 SERVICES
Article 8 (Operating environment)
1. It is the responsibility of the Applicant to gather all the computer equipments (including PC, sound card, headset, microphone, and so on)
2. Our company or our affiliated businesses hold no responsibilities for any device or software operations other than the ones provided by us or our affiliated businesses.
Article 9 (Services Offered)
1. The company shall provide services to the Applicant under the following conditions.
2. One of the Services is IP phone service which is offered by using the internet connection. Busy internet connection or traffic jam in the central office of upper layer carriers may cause the sound quality to deteriorate or the sound may suddenly get cut off. Also, the security of the calls can not be guaranteed.
3. Upon using the Services, if the additional term exists for the service you are using, then you need to comply both with this Agreement and the additional term.
4. Data communication environment and devices that are necessary to use the Services, and the service covered area are explained in a separate document.
5. The Applicant has accepted to receive advertising materials sent electronically by the company.
6. Under any circumstances, the Company reserves the right to modify, add to, or terminate the Services without giving prior notice to the Applicant. If this action by the Company caused damage or loss to the applicant or third parties associated with him/her, the company holds no responsibilities.
7. Extension calls may be disconnected after 3 hours of continuous talk time. However, there is no limit on continuous talk time on External calls.
Article 10 (Services Offered by the Company’s Business Partners)
1. The Company’s business partners shall be held responsible for its offered devices, services and information to the Applicants. The Company shall not hold any responsibility on the integrity, accuracy, reliability and usability of the services offered by its business partners.
2. The Company shall not be held responsible for the dispute that arises between the Applicant and business partners regarding the business partner’s offered devices, services or used information. Both parties shall settle the dispute.
Chapter 4 FEES AND CHARGES
Article 11 (Applicable Fees and Charges)
1. The term [Fees and Charges] shall hereinafter refer to Applicant’s incurred Service fees and charges to the Company and its business partners.
2. The Applicant shall comply with various provisions specified in Article 9 (Services Offered) of this Agreement regarding the payment of Usage Charge.
3. The Applicant shall be deemed responsible for confirming the revisions on Fees and Charges as the Company and its business partners have the right to modify this matter from time to time.
4. The Applicant shall elect and register a method of payment (Prepaid, Credit Card or Bank Account) as prescribed by the Company.
5. For Credit Card or Bank Account Debit, incurred monthly Fees and Charges are computed till the cut-off date set by the company and the applicable amount is debited at the appointed date.
For Fund Transfer to a specific bank account, incurred monthly Fees and Charges are computed till the cut-off date set by the company and the applicable amount is transferred to the specified bank account on or before the appointed date.
For Prepaid, initial payment and prorated monthly rate will be cut down at the time of payment. The reduction will be computed every 1st day of the month.
6. Automatic debit on the registered Credit Card shall follow Terms prescribed by the Credit Card Company.
7. The applicant shall approve on the collection of Fees and Charges stipulated in Article 11.1 by the Company through a designated Bills/Payment Collection Agency (hereinafter be referred to as “Collection Agency”).
8. The Applicant shall consent to disclosure of Applicant’s name, address, number of the credit card number, period of validity, cardholder’s name, specified bank account information and amount due to the Collection Agent as necessary for collection of Fees and Charges by the Company.
9. With regard to settlement of Article 11.5, in the event of dispute between the Applicant and the Company or its business partners resulted to non-payment of Fees and Charges, the Company shall suspend or terminate the Applicant’s subscription without any prior notice until the said dispute is settled.
10. In case of payment rejection due to the difference between the Applicant’s name and the credit cardholder’s name, resulting in a dispute, the preceding provision (Article 11 No. 9) shall be applied and followed
11. The Company, may suspend, cancel or terminate the Applicant’s subscription without any prior notice if the Credit Card Company specified as the Applicant’s payment method, regardless of the reason, refused to pay the Fees and Charges to the Company.
12. If the Applicant questions billed amount from Company or business partners regarding Fees and Charges, the Applicant shall notify the Company in writing within 30 days from the time the bill arrival. If that period lapsed, the Applicant is considered to have agreed with the billed amount.
13. The Company and its business partners may require the Applicant to deposit if the Applicant’s monthly Fees and Charges exceeds 500 US Dollars or if it is expected to exceed 500 US Dollars. The Company and its business partner shall decide the amount of deposit individually.
14. The deposit mentioned in the preceding provision (Article 11 No. 13) shall be appropriated to Fees and Charges if the Applicant failed to settle Fees and Charges on time.
15. The Company will send a notice regarding the payment of the deposit. The Company may suspend or cancel the subscription if the Applicant fails to notify the Company of non-payment of deposit on or before the appointed date.
16. If the Applicant’s subscription was suspended, cancelled or terminated in accordance with the provisions in No. 9, 11 or 15 of Article 11, the Company shall not provide the Service to the concerned Applicant until the payment for disputed Fees and Charges or deposit has been paid to the Company.
17. The validity for Prepaid remaining balance is until 180 days after settling the Fees and Charges until the end of Circle (former CID) Termination month.
18. As stipulated in Article 11.13, deposit shall be reimbursed to the Applicant after the payment of the Fees and Charges at the end of the service termination month or at the end of the following month.
Article 12 (Payment of Fees and Charges)
1. The billing period from the company to the Credit card company and financial institution, bank transfer using Company’s bills and payment of purchased devices are as follows:
For Credit Card: The previous month’s charges shall be billed to the credit card company every 5th of the current month (if this day falls on a holiday, the request shall be sent on the preceding regular working day).
For Prepaid: You can purchase your preferred unit offered by the Company and proceed with credit card payment.
For Bank Account Debit: The Company shall send the collection request every 27th of the current month (if this day falls on the financial institution’s holiday, the request shall be sent on the preceding regular working day) to the Bills Collection Representative for the previous month’s bill (outstanding Fees and Charges).
For Account Transfer: The Company shall send a request for payment every last day of the current month (if this day falls on the financial institution’s holiday, the request shall be sent on the preceding regular working day) to the designated bank account for the previous month’s bill (outstanding Fees and Charges).
2. If a Prepaid Account is inactive for 180 days from the date of purchase, the remaining balance shall expire. Expired prepaid balance is non-refundable.
3. Prepaid Automatic Reload is automatically enabled unless the Applicant disables the applicable items in Settings at the time of purchase. Furthermore, the initially selected amount is reloaded using the same payment method unless the amount is changed.
4. The purchased device, regardless of the payment method, shall only be mailed if when the payment is confirmed and verified.
5. For payment via credit card and bank account, the Applicant shall not engage in the following acts:
(1) Assume false name on credit card or specified bank account.
(2) Add falsified information/content on the issued bill.
(3) Use others’ individual credit card or bank account.
Article 13 (Consumption Tax)
The Applicant shall pay the consumption tax in accordance with the Service’s Fees and Charges. The Company shall round up to the nearest whole number, if the computed consumption tax is less than 1 US Dollar or in decimal.
Article 14 (Overdue Interest)
1. If Fees and Charges payment are not received by the Company until the specified deadline, the Applicant shall be held responsible for the payment of overdue Fees and Charges and its incurred interest (from yearly interest of 14.5%) computed from the day after the deadline until the payment date.
2. The Applicant shall be obliged to pay the required investigation cost for collection by the Company (cost of acquisition of company transcript, inquiry on assets of financial institution account, etc.), lawyer’s legal fee for court proceedings (including conservation, execution proceedings, etc.) and payment for court expenses if the Fees and Charges are delayed.
Chapter 5 APPLICANT’S OBLIGATIONS
Article 15 (Login ID, Password and Software Management)
1. The Applicant shall be responsible in managing Account, Circle (former CID), Password, Software, etc. assigned to him/her by the Company.
2. Company shall hold all rights and ownership in all Services offered to the Applicant, including issued Account, Circle (former CID) Password, Software, Unique (former UID), Phone number and all other supplementary Option.
3. The Company may consent the use of Account, Circle (former CID), Password and Software assigned to the Applicant by the Applicant’s family, the Company’s employee or any recognized party (shall hereinafter be referred to as [Authorized Person]).
4. The Applicant shall not lend, lease, transfer, trade or pawn an Account, Circle (former CID), Password and Software assigned by the Company.
5. The Applicant shall agree to bear all responsibilities on concerned person’s or a third party’s use of the applicant’s Account, Circle (former CID), Password and Software assigned to him/her.
6. The Company shall not be responsible, unless otherwise specified in this Agreement, in mismanagement, mishandling of the Account, Circle (Former CID), Password or Software by a third party that resulted in losses and damages to the Applicant. In this case, the Applicant shall be held responsible and liable for these circumstances.
7. The applicant, upon learning the theft of Account, Circle (former CID) and Password and misuse of a third party, shall promptly report the incidence to the Company through a direct and immediate method. In case instruction/s from the company is/are present, this/these instruction/s shall be strictly followed.
Article 16 (Change of Registration Information Notice)
1. The Applicant shall immediately notify the Company for any changes made on the information provided during application (Name, Address, Credit Card Information, Bank Account Information, etc.)
2. The Company shall not be held responsible for any loss or damage of the Applicant or third party (including suspension of Service, undelivered notification, etc.,) resulting from failure to notify the Company of any changes as defined in the preceding provision (Article 16 No. 1).
3. The Applicant shall acknowledge without objection, as stipulated in the preceding provision, that the notifications are considered delivered at the time it must be usually delivered, even if the notifications are not received.
Article 17 (Limitation of Privilege)
The Applicant shall NOT transfer any rights, ownership, privilege or obligations, and/or compromise security in accordance with this Agreement to a third party, without the consent or knowledge of the Company.
Article 18 (Prohibitions)
1. The Applicant, while using the Service, shall not engage in the following acts:
(1) Actions determined by the Company that go against public order and morality (obscenity, prostitution, violence, cruelty, abuse, etc.,) and / or acts of providing information to third parties opposing public order and morality
(2) Prank calls and / or crank calls
(3) Criminal acts (including, but not limited to crimes punishable by law in Japan and foreign countries) and / or acts leading to criminal acts
(4) Stalking as defined in Japanese law and Philippine law
(5) Act(s) that infringe a third party’s or the Company’s copyright rights and other intellectual property rights and / or may infringe these
(6) Acts that violate or may infringe the privacy rights and / or any property of a third party or the Company
(7) Apart from the above, acts that may contribute or result in loss or damage of a third party or the Company
(8) Slandering or an act to slander a third party or the Company
(9) Re-selling or leasing the Service that may generate profit
(10) Acts that link, use or offer harmful programs, such as computer virus and others, in connection with the use the Service
(11) Acts that may cause serious trouble/problem to people using the Service, whether directly or indirectly
(12) Pyramiding (pyramid schemes) or any act that would promote it
(13) Advertising, spamming or soliciting to an unspecified large number of people
(14) Sending fake swindling information and hate messages to a phone
(15) Transmitting more data volume than the Company allowed
(16) Unauthorized use of Account, Circle (former CID) and Password
(17) Using the Service posed as a third party.Masquerading as a third party to use the Service
(18) Other actions or any activity that may violate laws or mandates or is deemed inappropriate by the Company
(19) Actions that are judged as spam by the Company or the Carriers
Article 19 (Applicant’s Responsibilities)
1. In accordance with the acts defined in the preceding provision (Article 18), the applicant shall be held legally liable for the damage reparation of the damage inflicted to the Company and a third party even if her subscription has been forfeited.
2. Following the preceding provision (Article 19 No. 1), regardless of Article from 11 to 14 of this Agreement, the Company, its subsidiaries, business partners and affiliates shall collect all due Fees and Charges, and debt, if there is. The responsible Applicant loses the privilege of paying the said debt in the Company’s allotted time and is required to promptly pay in full the said debt.
Article 20 (Intellectual Property Rights)
1. This is comprised of the system, provided program, software, services, procedures, business trademarks and the services offered by the business partners, its accompanying copyright of technicalities, patent right, utility model rights, design rights including trademark rights, and other intellectual property rights, property rights, and all other rights shall belong to the Company and its business partners.
2. The Applicant shall not transmit, duplicate, delete, dispose and claim any rights to uploaded files and information in the Service of the Company.
Article 21 (Scope of Use)
1. The Applicant shall not use any Service-related file and information offered by the Company and its business partners beyond the scope of private/personal use specified in the Japanese Copyright Law.
2. If dispute arose from the violation of provision, the Applicant must settle the said dispute at his/her own risk and shall not inflict any losses and responsibility to the Company.
Chapter 6 THE COMPANY’S OBLIGATIONS
Article 22 (Protection of Applicant’s Information)
1. Regarding the information collected by the Company at the time of application for use or the information collected at the time of use, the Applicant shall agree to disclose user information under the following circumstances:
(1) The Applicant agreed to disclose personal information (Applicant’s name, address, phone number, gender/sex, age, email address, etc.)
(2) The Company will disclose collected personal information in order to understand the Service’s trends in mode where individual is distinguished or cannot be specified.
(3) It is deemed necessary in solving legal cases, and in compliance with applicable rules and mandates.
(4) In case of a legal request for disclosure from prosecution, police, supervisor’s office(the competent [relevant] authorities) or other public institutions
(5) When the Applicant ordered a special specific device or Service to a partner company, the Company will disclose personal information to the partner company.
(6) The Company will disclose personal information to the business partner if the Applicant subscribed from other contracted business partner’s activities (If the Applicant signed-up using the CD-ROM for the distributed signup or if the Applicant filled out a member application of the business partner)
(7) The Company deemed it necessary to send notifications, Company survey postal item, etc.
(8) The Company uses it for its own or a third party’s marketing, or for other purposes such as analysis of profiling, etc.
(9) The Company entrusts a part of the business to other company.
2. Aside from the provisions in this Article (22), handling of User information shall be in accordance to the specified Privacy Policy by the Company.
Chapter 7 SUSPENSION AND CANCELLATION OF USAGE
Article 23 (Suspension and Cancellation of Subscription)
1. The Company shall suspend or cancel the Applicant’s subscription, without prior notice, if the Applicant committed any of the following conditions:
(1) Engaged in act(s) regardless of means that resulted to Service operation interruption.
(2) It has been found that the Applicant’s specified credit card or bank account, regardless of reasons, cannot be used as a means of payment for Fees and Charges.
(3) The Applicant is served with notice of requisition, provisional seizure, seizure, auction, bankruptcy, start of civil rehabilitation procedure, special liquidation.
(4) The Applicant received a suspension of business from a clearinghouse or the payment status becomes suspended.
(5) The Applicant is served a notice of delinquency in public dues and taxes.
(6) It has been found that the application for subscription contains false declaration(s).
(7) The Applicant committed a prohibited act defined in Article 18 (Prohibitions) or the Company deems that the Applicant may commit this action.
(8) Failed to perform payment obligations of Fees and Charges or delayed in payment even once.
(9) The Applicant has notified the Company that he/she does not agree with the changes made in this Agreement.
(10) The Applicant is a gangster (hereinafter referred to as Gangster and others), affiliated to a gang, gang related organizations, anti-social forces and others, and participated or engaged in activities that compromises public welfare or any anti-social elements.
(11) The Applicant, on his/her own accord or with a use of a third party, engaged in activities that interferes or that may interfere operations of other concerned persons
(12) The Applicant, on his own accord or with a use of a third party, engaged in violent behavior, deception or any threatening act against another concerned people.
(13) The Applicant, on his/her own accord or with a use of a third party, engaged in acts that may damage or compromise the honor, trust, etc., of another party.
(14) The Applicant, on his/her own accord or with a use of a third party, engaged in acts or behaviors that is recognized as behaviors of a Gangster and others.
(15) The Applicant is deemed to have an unsatisfactory credit rating
(16) The Applicant violated this Agreement or the Applicant is deemed unfit by Company, and so on.
(17) The Applicant is deemed to have engaged in SPAM activities by the Company or the Carrier.
2. Based on the items defined in preceding provision (Article 23 No. 1), the Company shall not be held liable for any damage if the subscriber’s subscription is suspended or cancelled.
3.If the Applicant’s subscription has been cancelled, Service offerings shall be immediately terminated. At the same time, the concerned Applicant shall be held responsible for the Company’s loss of profit for the term and for the immediate payment of the liabilities in full amount to the Company.
Article 24 (Service Suspension)
1. The Company may temporarily suspend the Service operation due to the following circumstances:
(1) It becomes impossible to continue rendering Services due to war, uprising, riot, labor strike, earthquake, volcanic eruption, flood, tsunami, fire, power outage and other emergency situations.
(2) In accordance with government laws and mandates.
(3) During service operation maintenance and performing installations.
(4) The Company is experiencing unavoidable interruption or a malfunction occurred to the System that not caused by the Company’s system.
(5) Other telecommunications companies stop offering their service.
(6) Others, the Company deemed necessary to temporarily suspend the Service operation.
2. From the rules stipulated in the previous provision, the Company shall notify the Applicant prior to any Service operation suspension. However, this provision does not apply to the preceding provision (Article 24 No. 1 – Section (1), (4), and (5)) and emergency or unavoidable situations.
3. The Company shall not be responsible for any damage incurred by the Applicant and third party due to Service suspension, unless specifically defined in this Agreement.
Article 25 (Termination of Service)
1. The Company shall notify the Applicant the ending of Service offered or a part of it.
2. The preceding provision’s notification shall be posted at the Company homepage’s general bulletin or shall be sent to the Applicant’s email. These notifications validity is according to Article 3 (Company Notification).
3. The Company shall be exempted from any monetary compensation or reparation obligations for any damage or loss of the Applicant after the notification of termination of Service, in accordance with the preceding provision, and termination of Service.
4. Regarding the already paid usages fees, the Company shall not be responsible on the repayment obligations etc.
Article 26 (Termination of Service Policies)
1. At the end of Service, the Applicant’s application for termination as well as the lent devices from the Company or business partners shall be sent back to the company. The private devices must be received on or before the end of the following month.
2. In relation to preceding provision (Article 26 No. 1), the Applicant shall shoulder all shipping expenses in returning of machinery and materials, bank transfer charge, etc.
3. The Applicant shall be held responsible for the payment of the penalty via payment method specified by the company if the devices were not returned until the specified date in the preceding provision (Article 26 No. 2).
4. In relation to preceding provision (Article 26 No. 3), the Applicant shall bear the bank transfer fee for payment of incurred expenses
Article 27 (Handling of Violations)
If the Applicant committed any acts in Article 18 (Prohibitions), falls under the conditions in Article 23 (Suspension and Cancellation of Subscription), if it violates the Agreement, if it is not accordance to the Company’s guidelines, notices, or if deemed important by the Company, the Company shall take the following measures:
(1) Applicant shall receive a request of stop of the violated acts or a request to prevent any relapse of similar behaviors
(2) The Company shall request for a discussion to resolve the dispute between the concerned parties.
(3) The Company temporarily suspends or terminates the Services offered.
Chapter 8 COMPENSATION FOR DAMAGES
Article 28 (Limitation of Liabilities)
1. In the event of Service suspension or cancellation due to the reasons attributable to the Company, the following availability guarantee system shall be covered. In other words, from the time the Company learned that the Applicant could no longer use the Service, if the service failure persists and becomes continuously unconnected for more than 30 minutes, fee from the covered hours shall be computed and deducted from the basic monthly fee.
30 minutes ~ 1 hour partial outage = 1/90 of the basic monthly usage fee
1 hour ~ 12 hours partial outage = 1/30 of the basic monthly usage fee
12 hours ~ 24 hours partial outage = 1/10 of the basic monthly usage fee
24 hours ~ 72 hours partial outage = 1/3 of the basic monthly usage fee
above 12 hours = full reimbursement of the basic monthly usage fee
2. The reparable time of the Applicant as stipulated in this article shall be up to 1 month from the date of occurrence of applicable damage.
3. The Company shall not be held responsible for the damages from the circumstances that cannot be attributed to the Company such as war, uprising, riot, labor strike, earthquake, volcanic eruption, tsunami, fire, power outage, etc, damages from special circumstances regardless of its predictability, or any indirect damage that includes lost profit.
4. The Company shall not be held responsible for the reparation of Service suspension caused by planned or unplanned maintenance. Nevertheless, Service maintenance notifications shall be posted in the homepage bulletin or shall be sent Applicant’s specified email address.
5. For the damage reparation mentioned above, the Company shall render free Services to compensate for the corresponding damages and shall not perform any direct monetary compensation by cash.
6. In accordance with Article 2 Paragraph 3 of Consumer Contract Law, the contract between the Company and the Applicant, as defined in this Agreement, indemnifying the Company from any compensation shall not be applied.
7. The Company shall compensate for losses or damages incurred by the Applicant, if the Company is at fault. However, this compensation shall be subject to a limit or maximum. The maximum amount for compensation shall be based on the payment received by the Company for the past 3 months before the outage.
Article 29 (Disclaimer)
1. Unless specified in this Agreement, the Company shall not be held responsible for the delay, change, suspension or termination of the offered Service, leak or loss of offered information, or other service-related damages inflicted by the Applicant or a third party through Services registration.
2. The Company does not guarantee the completeness, accuracy, reliability, usability of the Service’s contents and the information obtained from the Applicant through the Service.
3. The Company shall not be held responsible for the damage caused by a third party and dispute with a third party at the time of use of Service by the Applicant.
4. The Company and the Applicant shall not be held liable and responsible for uncontrollable circumstances (including but not limited to cyber terrorism including viruses, etc., fire, power outage, earthquake, flood, war, embargo, strike, riot, unavailability of commodities and transportation facilities, intervention by government authorities as well as establishment, reorganization and dissemination of new local or international laws), if the execution of other payment obligation, aside from the usage services with payment deadline, becomes delayed.
5. The Company shall not be held responsible for occasional Service maintenance with prior notice. Please note that Service maintenance notices shall be posted in the web page or sent via email to concerned Applicants.
Article 30 (Limitation of Warranty and Others)
1. The Company does not guarantee the relevance of the Service to the purpose of use of the Applicant.
2. The Applicant, at his/her own risk, shall investigate if using the Service violates or negates the Applicant or any applicable laws and ordinances in business and industry group’s internal regulations. The Company does not guarantee that the use of Service conforms to the Applicant or any applicable laws and ordinances in business and industry group’s internal regulations.
3. The Company does not guarantee that the stipulated contents of the Agreement will surpass that of the Applicant even if the information are obtained directly or indirectly from the Company by the Applicant.
4. The Company does not guarantee for any kind of occasional Service maintenance with prior notice. Notifications shall be posted in the homepage or sent via email to the Applicant’s specified email address.
5. The Company, regardless of the reason, shall not be held responsible for the obtained information from websites except for the Company’s website even if link to the Company website from another website is offered.
Chapter 9 SUPPLEMENTARY PROVISIONS
Article 31 (Governing Laws)
This Agreement is bound by the Japanese Laws with respect to its establishment, validity, fulfillment and interpretation. All governing laws in Japan shall be followed.
Article 32 (Court of Jurisdiction)
All disputes and legal issues regarding the Service and this Agreement shall be under the exclusive jurisdiction of Tokyo Summary Court for first instance, and Tokyo District Court for final resolution.
(Addendum)
Effective February 25, 2013 the following month must be received on or before the end of the following month.
２.In relation to preceding provision (Article 26 No. 1), the Applicant shall shoulder all shipping expenses in returning of machinery and materials, bank transfer charge, etc.
３. The Applicant shall be held responsible for the payment of the penalty via payment method specified by the company if the devices were not returned until the specified date in the preceding provision (Article 26 No. 2).
４. In relation to preceding provision
(Article 26 No. 3), the Applicant shall bear the bank transfer fee for payment of incurred expenses
Article 27 (Handling of Violations) If the Applicant committed any acts in Article 18 (Prohibitions), falls under the conditions in Article 23 (Suspension and Cancellation of Subscription), if it violates the Agreement, if it is not accordance to the Company’s guidelines, notices, or if deemed important by the Company, the Company shall take the following measures:
(1) Applicant shall receive a request of stop of the violated acts or a request to prevent any relapse of similar behaviors
(2) The Company shall request for a discussion to resolve the dispute between the concerned parties.
(3) The Company temporarily suspends or terminates the Services offered.
Chapter 8 COMPENSATION FOR DAMAGES
Article 28 (Limitation of Liabilities)
1. In the event of Service suspension or cancellation due to the reasons attributable to the Company, the following availability guarantee system shall be covered. In other words, from the time the Company learned that the Applicant could no longer use the Service, if the service failure persists and becomes continuously unconnected for more than 30 minutes, fee from the covered hours shall be computed and deducted from the basic monthly fee. 30 minutes ~ 1 hour partial outage = 1/90 of the basic monthly usage fee 1 hour ~ 12 hours partial outage = 1/30 of the basic monthly usage fee 12 hours ~ 24 hours partial outage = 1/10 of the basic monthly usage fee 24 hours ~ 72 hours partial outage = 1/3 of the basic monthly usage fee above 12 hours = full reimbursement of the basic monthly usage fee
2. The reparable time of the Applicant as stipulated in this article shall be up to 1 month from the date of occurrence of applicable damage.
3. The Company shall not be held responsible for the damages from the circumstances that cannot be attributed to the Company such as war, uprising, riot, labor strike, earthquake, volcanic eruption, tsunami, fire, power outage, etc, damages from special circumstances regardless of its predictability, or any indirect damage that includes lost profit.
4. The Company shall not be held responsible for the reparation of Service suspension caused by planned or unplanned maintenance. Nevertheless, Service maintenance notifications shall be posted in the homepage bulletin or shall be sent Applicant’s specified email address.
5. For the damage reparation mentioned above, the Company shall render free Services to compensate for the corresponding damages and shall not perform any direct monetary compensation by cash.
6. In accordance with Article 2 Paragraph 3 of Consumer Contract Law, the contract between the Company and the Applicant, as defined in this Agreement, indemnifying the Company from any compensation shall not be applied.
7. The Company shall compensate for losses or damages incurred by the Applicant, if the Company is at fault. However, this compensation shall be subject to a limit or maximum. The maximum amount for compensation shall be based on the payment received by the Company for the past 3 months before the outage.
Article 29 (Disclaimer)
1. Unless specified in this Agreement, the Company shall not be held responsible for the delay, change, suspension or termination of the offered Service, leak or loss of offered information, or other service-related damages inflicted by the Applicant or a third party through Services registration.
2. The Company does not guarantee the completeness, accuracy, reliability, usability of the Service’s contents and the information obtained from the Applicant through the Service.
3. The Company shall not be held responsible for the damage caused by a third party and dispute with a third party at the time of use of Service by the Applicant.
4. The Company and the Applicant shall not be held liable and responsible for uncontrollable circumstances (including but not limited to cyber terrorism including viruses, etc., fire, power outage, earthquake, flood, war, embargo, strike, riot, unavailability of commodities and transportation facilities, intervention by government authorities as well as establishment, reorganization and dissemination of new local or international laws), if the execution of other payment obligation, aside from the usage services with payment deadline, becomes delayed.
5. The Company shall not be held responsible for occasional Service maintenance with prior notice. Please note that Service maintenance notices shall be posted in the web page or sent via email to concerned Applicants.
Article 30 (Limitation of Warranty and Others)
1. The Company does not guarantee the relevance of the Service to the purpose of use of the Applicant.
2. The Applicant, at his/her own risk, shall investigate if using the Service violates or negates the Applicant or any applicable laws and ordinances in business and industry group’s internal regulations. The Company does not guarantee that the use of Service conforms to the Applicant or any applicable laws and ordinances in business and industry group’s internal regulations.
3.The Company does not guarantee that the stipulated contents of the Agreement will surpass that of the Applicant even if the information are obtained directly or indirectly from the Company by the Applicant.
4.The Company does not guarantee for any kind of occasional Service maintenance with prior notice. Notifications shall be posted in the homepage or sent via email to the Applicant’s specified email address.
5.The Company, regardless of the reason, shall not be held responsible for the obtained information from websites except for the Company’s website even if link to the Company website from another website is offered.
Chapter 9 SUPPLEMENTARY PROVISIONS
Article 31 (Governing Laws)
This Agreement is bound by the Japanese Laws with respect to its establishment, validity, fulfillment and interpretation. All governing laws in Japan shall be followed.
Article 32 (Court of Jurisdiction)
All disputes and legal issues regarding the Service and this Agreement shall be under the court of competent jurisdiction in the City of Legazpi only to the exclusion of all other courts.
