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Terms and Conditions


These following provisions shall be applied to those (thereafter called “User”) who use international telephone services (thereafter abbreviated as “ITS”) prepared by Net 293 Limited(thereafter called “Our Company”). These rules prescribe what we shall give User by ITS agreement and how you can apply to use ITS. User must confirm these following all provisions and understand them before User applies for using ITS. In addition, these provisions shall be effective on and after the day ruled by the last additional clause.

I Purpose of these provisions

Article 1 Purpose
These policies (thereafter called “Policy”) previously define their contents and application methods in which Our Company shall provide ITS for User, who has a fixed address and reaches agreement on this Rule(thereafter referred to as “Agreement”) by acceptance of Rules.
Article 2 Offer & Application
User must agree with Rule which our pamphlet explains, and fill all items in a given application form under your hand and seal, and submit it to Our Company or our agent, if he or she offers to use ITS. Our Company shall check his or her credit through our own standard or third party’s research, and issue a document which certifies the completion of the researching procedure. He or she should know some cases in which Our Company may refuse his or her application, although he or she formally applies.
Article 3 Approval & Acceptance
Agreement shall be concluded when the following conditions are fulfilled.
1.Our receipt of User’s application as prescribed in Article 2.
2.Our expression to approve of his or her application by way of sending a document

Article 4 Term
1.Agreement shall be effective when a notice which Our Company issues to establish a register of our approval reaches to User.
2.The above notice shall be sent by electrical or other mail.
Article 5 Refusal
1.Our Company may refuse User’s application in case there is any following cause.
1.User has ever been disqualified from using ITS by a cancellation due to a breach of this Rule.
2.we find an error in writing or omission on an application form.
3.we conclude that user probably break this Rule.
4.User has ever delayed some liability to Our Company.
5.User filled some items in a given application form with falsity, and submit it to Our Company or our agent.
6.User chooses to pay charges by using a credit card, but a credit company disapproves of it.
7.there is a difference on identification between an applicant and a registered person on the credit card.
8.there is a difference on identification between an applicant and a registered person on a registered number of telephone.
9.User is legally in-competent such as a minority or a ward of court that he? she cannot settle a validity of Agreement, but his or her representative appointed by court does not confirm his or her application.
10.User belongs to an antisocial organization, or User is regarded as an antisocial organization.
11.In addition, User’s application probably causes Our Company serious troubles.
12.Our Company suspects that it may be improper to approve of User’s application.

Services

Article 6 Definition, Term/Termination of International Telephone Service
Agreement define International Telephone Service (abbreviated as “ITS”) as that Our Company shall provide User available condition of ITS.
1.Term of ITS
1.Agreement shall automatically start from the date when Our Company shows User his or her personal number to use ITS.
2.The term of ITS shall be counted every one month.
3.The above term shall be from the 26th day of each month to the 25th day of the next month.
4.Agreement shall be automatically extended for one more month, unless User states an intention to terminate Agreement only for one month at the first time of your application.
2.Termination and Renewal

Either party may terminate Agreement by giving a written notice to other party, through a letter or the same e-mail address as User applies to use ITS, at the time of one month before or earlier. Unless User exercises this right, Agreement shall be automatically renewed with the term of one month. Thereafter it shall be renewed equally. If Use gives the notice earlier than the first day of the term, Agreement shall be terminated at the end of term.
Article 7 Limitation of ITS
1.User may be restricted to use ITS as provided by the foreign law and the policies of foreign telecommunication carriers, however Our Company shall not be responsible for that.
2.User may be restricted to use ITS by foreign telecommunication surroundings, however Our Company shall not be responsible for that.
Article 8 Support
1.Our Company shall provide services to answer User’s questions about ITS (thereafter called “Support”), according to the policy that Our Company lays down additionally.
2.Our Company shall provide Support to User, within working hours that Our Company fixes on its own.
Article 9 Disapproval of Japanese emergency calls
Although User cannot use Japanese emergency phone calls such as 110, 119 through ITS, he or she consents to it.
Article 10 Exemption from communicative failures
1.Although User cannot use ITS timely because he or she has a difficult time for hearing due to communicative conditions around him or her, Our Company shall not have any duty to his or her damages caused hereby.
2.Although User cannot use ITS properly because telecommunication carrier or the other company causes trouble with their equipments that Our Company uses to supply ITS, Our Company shall not have any duty to his or her damages caused hereby.
3.Our Company shall not assume complete security for User’s privacy of his or her communications through ITS.
Article 11 Management of User’s Password
1.User must carefully and suitably manage to control User’s ID and Password, which Our Company shall issue, not to let their secrets out.
2.Our Company shall treat a person who access to all kinds of our servers (thereafter called “Our Server”) as true User, if he or she is identified by inputting authentic ID and Password precisely (thereafter referred to as “Password Matching System”), that means that he or she inputs 2 sets of? character strings beyond mistake.
Article 12 Self-responsibility
User must sincerely resolve a conflict with a third party due to defamation, a breach of privacy and leaking information by himself or herself.
Article 13 Non-assignment
User shall not assign the right to use ITS to a third party, except that there is an agreement different from Policy.
Article 14 Prohibitions
User shall have the following obligations in case of using ITS.
1.User shall not be likely to infringe a copyright or the other right of Our Company or a third party
2.User shall not be likely to invade privacy or property of Our Company or a third party
3.In addition to the above, User shall not to be likely to cause the other damage or disadvantage to Our Company or a third party
4.User shall not defame Our Company or a third party
5.User shall neither seemingly act against public order and morals nor spread such information as deviating from them.
6.User shall neither harass others with nuisance phone calls nor stalk others with the other way (“stalk” means such stalking act as defined in Article 2 of the law to restrict stalking in Japan)
7.User shall neither act against sexual mores, nor display religious activities, nor violate the other law
8.User shall not use ITS for money-making such as a resale or lease.
9.User shall neither make a pyramid scheme, nor persuade others to enroll in a pyramid selling association, through ITS
10.User shall neither advertise, publicize and canvass to many and unspecified persons, nor send fraudulent information or messages, to which people may hold an aversion, to Our Company or a third parties.
11.User shall not use some device or software, for the purpose of communicating to others automatically or forwarding messages of the others automatically and consecutively.
12.User shall neither violate domestic or foreign laws, nor the policies of foreign telecommunication carriers
Article 15 Confidentiality
1.Each party shall neither disclose the secret information concerning special skills or business data of each party’s customers (thereafter called “secret information”) to a third party, nor use it without the other’s consent, regardless of managing it as secret.
2.The above section of the confidentiality shall be applied after the termination of Agreement.
3.Our Company and User shall completely delete the secret information each other until the termination of Agreement. User shall notice Our Company to keep on having it if he or she cannot delete it completely.
4.Our Company may generally cooperate with an investigating organization such as Police and Public Safety on criminal investigation and disclose the secret information and conversation records to the organization, only if the investigation executes a compulsory investigation according to a search writ issued by a court.
Article 16 Inquiry & Comprehension of Information
1.User may inquire Our Company about an unclear part, if he or she reads our information noticed by an electrical or post mail or a fax and finds unclear therein.
2.Our Company shall manage business concerning Agreement including ITS, supposing that User will already have understood every information in the above section. Our Company shall not be responsible for damages that User suffers thereby.
Article 17 Modifying Applicant Information
1.if there is a change of items submitted by a given application form in Article 2, User shall notice the changed items to Our Company promptly. He or she must file the change in accordance with a way designated by us.
2.Our Company shall complete registering the above changed items within three days after receiving User’s notice, but treat User with original conditions concerning ITS and Agreement before completing the registration.
3.The above sections shall be applied correspondingly to further change.
4.The first section and the second one shall be applied correspondingly to a case of User’s succession or merger. In such case, a successor to User shall file the change.
Article 18 Additional Policies
1.Our Company may set forth additional policies of ITS without previous notice, to make clear what User must abide by.
2.Our Company may adjust the above policies without previous notice once more, and shall notice User of the adjustment by means of postal service, a report on our Website and the other appropriate way.
3.User must understand and accept the above policies in addition to this Telink Policies, and observe the whole policies.
Article 19 Suspension of ITS
1.Our Company may suspend ITS to User without previous notification if he or she falls under either section of Article 31.
2.User is not entitled to claim that Our company repay a fixed charge which he or she has already paid to us, if we suspend ITS due to the above section.
3.Our Company shall not be responsible for damages which User suffers on account of suspension of ITS on the first section.
Article 20 Abolishment of ITS
1.Our Company may terminate ITS immediately without previous notice, if a law or a administrative guidance prohibits Our Company from supplying ITS. Our Company may also abolish ITS to User partially or fully due to business arrangement.
2.Our Company shall not have any duty on User’s damages from abolishment of ITS owing to the above section.
Article 21 Exemption Clause
1.Our Company shall warrant neither quality of a communicating terminal unit, services and information provided by our business partner, nor perfection, accuracy, trustworthiness, usefulness of them.
2.Our Company shall not warrant any damage if User or a third party has any inconvenience due to using ITS outside Japan.
3.Our Company shall be exempted from any responsibility of damages which User or a third party suffers in relation to ITS, besides the above sections, regardless of our fault.
4.Our Company shall neither warrant any damage nor have any liability, if User uses a communicating terminal unit or services or information provided by our business partner and has any conflict or trouble with the partner. User must understand that Our Company shall not burden any charge for him or her.
5.Our Company shall not compensate for User’s damages due to being impossible to use his or her private phone number of ITS, whatever the cause be, and User is considered to accept this exemption before Agreement.
Article 22 Guarantee of Communicating Unit
Our Company shall guarantee a communicating terminal unit, which User purchases from us, and repair or exchange it for free if it goes wrong, for a year. However repairs or exchanges shall become onerous, in case the trouble is caused intentionally or negligently.

III Charges for ITS

Article 23 Types of Charges
1.User shall pay Our Company monthly charges according to an attached table.
2.User shall pay a fixed price with regard to telecommunication in the scope where Our Company determines for a fixed sum system, while he or she shall additionally pay a specific price which Our Company separately determines in each other area.
3.User shall be responsible for a bank transfer fee and so on. Our Company shall be responsible for a credit fee in case he or she uses credit-card to pay.
4.This article shall be applied correspondently to the renewal according to Article 6 section2.
5.Either Our Company or our business partner is entitled to revise monthly charges such as a fixed price and specific prices as occasion demands.
6.Our Company may establish an additional charge for User who uses a special service which is newly set in addition to the existing service. Herein, User shall pay 14.5% overdue interest annually reckoning from the due date on a principle, in case that he or she does not pay the additional charge in spite of agreeing with it.
7.User shall have a duty to pay a consumption tax regarding ITS.
8.Our Company shall ask User to pay rounding a fraction below yen up.
Article 24 System of Charges
1.Our Company shall previously notify User of all charges regulated by the above Article by way of our website or the other appropriate way.
2.User shall pay charges of communication from his or her to a foreign receiver through ITS private phone number according to a price table in our Website.
3.An owner of calling phone shall have a duty to pay charges of domestic telephone from User to ITS private phone number.
4.Our Company shall not compensate for charges of domestic telephone from User to ITS private phone number, even if User can neither contact with the other party on the line under a poor condition of foreign circuit, nor talk due to a bad telecommunicating condition or voice quality of foreign carrier.
5.A receiving party shall pay a receiving fee particular to the foreign country where he or she uses his or her telephone.
6.Our Company may revise charges, in reference to the fluctuation in price of ITS circuit or economic conditions of foreign or domestic telecommunication carrier. Herein, Our Company shall notify User the details through our own methods regulated in the first section at least one week before the operation. However the notification shall not make the prepaid charges of the month change.
Article 25 Methods of Payment
1.User may select either of the following as a method of payment at the time of his or her application in Article 2.
1.credit card
2.automatic debit
3.bank transfer
4.prepaid method
2.User must input into our Website a company name, a card number, a registered name, the expiration date and the other items of a credit card which he or she will use, or fill them in an application form, at the time of his or her application to Agreement, if he or she chooses a credit card as method of payment.
3.User must input into our Website a bank name, a blanch name, the type and number of the account, a registered name, or fill them in an application form, at the time of his or her application to Agreement, if he or she choose an automatic debit as method of payment.
4.User may use neither method of payment in the first section because of a service plan or a short term of Agreement. Herein, Our Company shall notify User of that and he or she shall pay charges by the other method.
5.Our Company may approve of the other method of payment for a specific customer.
Article 26 Time of payment
User shall pay a specific price which Our Company determines in each other area, on the 25th day of the next month to the specific date which we differently appoint for summing up the amount, while he or she shall pay the other charges previously.

IV Renewal and Termination

Article 27 Beginning & Conclusion
1.ITS shall be in effect within 3 days after Our Company officially receives a User’s application, however we shall regard less term than one month as a month.
2.User shall pay a monthly fixed charge before a beginning of Agreement.
3.User is entitled to terminate Agreement by way of completing the termination procedure in Article 30.
Article 28 Termination by User
1.User is entitled to notify Our Company to terminate Agreement at any time after the beginning of ITS in the above article.
2.To terminate Agreement as the above section prescribes, User must notify Our Company of the termination in writing or through a prescribed form on our Website or by e-mail.
3.Agreement shall come to an end on the closest 25th day after one month goes by since the notification in the above section.
4.Our Company shall not wholly or partially repay User charges which he or she previously pays, even if User notifies us of termination without one month before or earlier notification and he or she does not use ITS thereafter.
Article 29 Termination by Our Company
1.Our Company is entitled to terminate Agreement immediately if User falls under either of the following.
1.User does not follow this policy.
2.User does not pay charges until the due date.
3.User dishonors a bill or a check which he or she delivers to us for payment.
4.User becomes insolvent because of bankruptcy petition or the other legal procedure.
5.User submits a false application to Our Company.
6.User is an antisocial association or a member of it.
7.In addition, User probably makes Our Company a serious trouble in doing business.
2.Agreement shall be terminated on the day when the notice of the first section reaches User, if Our Company proceeds to terminate it as provided by the above section.
3.Our Company shall not lose a claim for damages for User, if we terminate Agreement as the first section establishes.

V Settlement

Article 30 Governing Law
The rights of parties and legal matters hereof shall be construed and enforced in accordance with the laws of Japan.
Article 31 Joint Efforts/Forum
Either of parties shall make efforts sincerely to deepen mutual cooperation and settle a conflict concerning the rights of parties and legal matters hereof. If not, parties hereby shall irrevocably submit to the jurisdiction and venue of Tokyo District Court as the first trial.

VI Revision

Article 32 Revision of Policy
Our Company may revise Policy, User shall previously consent to that. Herein, Agreement shall be revised equally on the day to operate the revision of Policy.

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