The Company shall enter into a Contract on the basis of the Rules and offer services described in the following articles. The Applicant shall be considered to have accepted the Rules at the time of making the application.
The Company may change the Rules without any notice, and contents of the contract shall follow the revised rules. Moreover, when changing the Rules, the Company shall publish the changes on the Company’s website and store the related materials in the Company.
Types and details of services offered by the Company shall be according to the details described on the website of the Company and other documents stored within the Company. The Company may change types and details of services at its discretion without any notice. Types and details of services shall follow the types and details of services after amendment.
When the Company offers a new service, the Rules shall apply to such service unless specified otherwise.
Derivative outcomes that fall under the following shall be be outside the scope of services, and the Company shall not offer any warranty whatsoever.
・Outcomes resulting from the services (increase in the number of inquiries, sales revenue, others)
In the event of the following, it shall be regarded that an application was made for the services offered by the Company.
The Company may not accept the application in any of the following cases.
The Company shall not have any obligation to disclose the reason of rejection.
Fees for the services shall be as described on the website of the Company.
Amount payable by the Applicants to the Company shall be the amount obtained by adding to the fees for services the amount equivalent to consumption tax levied on such fees (hereinafter referred to as “Fees”).
Because of changes in the prices of services and goods required for operations and management of the Company, when the Company has determined that fees of the services are inappropriate, the Company may revise the fees of the services even if it is during the contract term.
Unless specifically set forth at the time of contract, payment method shall be bank transfer. Bank transfer charges shall be borne by the Applicants.
Unless specifically set forth in the Contracts, last date of the month in which the Company made the delivery shall be taken as the reference date for calculating the fees. The Applicants shall pay the fees by the last date of the next month of the reference date for calculating the fees.
In the case of continuing contracts, unless specifically set forth at the time of contract, last date of each month shall be taken as the reference date for calculating the fees, and the Applicants shall pay the fees by the last date of the next month of the reference date for calculating the fees.
In the case of continuing contracts with annual lump sum payment, unless specifically set forth at the time of contract, start date of use shall be taken as a the reference date for calculating the fees, and the Applicants shall pay the fees by the last date of the next month of the reference date for calculating the fees.
With regard to the password issued by the Company for using the services and other confidential matters, and password set by the Applicants and other confidential matters, the Applicants shall not disclose them to a third party without the Company’s consent. The Applicant shall strictly set and manage them such that a third party cannot guess the password.
When the Applicant wishes to make the following changes to the Company’s server and other electrical and communication facilities, the Applicant shall make such changes at its responsibility. The Applicant must obtain the prior approval of the Company in such cases.
The above mentioned changes to the current state shall be made by the personnel designated or approved by the Company, and as per the method designated or approved by the Company. Notwithstanding, burden of expense shall be decided after a separate discussion between the Company and the Applicant.
In the event the Applicant has made changes to the current state violating this provision, the Company may restore the current state at the Applicant’s expense burden.
In the event the Applicant has delayed the payment of fees, the Applicant shall pay the Company late payment charges at the rate of 14% per annum.
The Applicant shall pay the designated penalty for breach of contract in the following cases.
Applicants shall not commit the following acts.
When the Applicant, Applicant’s employee, and other parties related to the Applicant has violated the Rules causing damages to the Company, the Applicant shall pay the Company compensation for such damages.
The Company may suspend provision of the services in the following events.
When suspending the services, the Company shall notify the Applicants about such suspension, its reasons, and period in advance or on the ex post facto basis. Notwithstanding, this shall not apply in case of emergencies.
When the Company has suspended offering of the services because of the above mentioned reasons, the Company shall not have any responsibility of making compensation for the damages suffered by the applicants.
When the Applicant falls under any of the following, the Company may temporarily suspend the provision of the services to the Applicant.
When the Company has temporarily suspended provision of the services because of the aforementioned reasons, the Company shall not have any responsibility of making compensation for the damages incurred by the Applicant.
In the event of the following circumstances, the Company may immediately cancel the contract without any notice or formal demand to the Applicant.
Applicants who have entered into a contract for continuous services with the Company may cancel the contract from the last date of the next month by notifying the company prior to 20th of the preceding month. Even when the Applicant has canceled the contract in the middle of the term under the preceding paragraph, fees already paid by the Applicant shall not be refunded under any circumstances whatsoever.
Contract term shall be basically as per the provisions in documents etc. at the time of entering into the contract.
For continuous contracts, except when specifically set forth in writing at the time of entering into the contract, unless the Applicant expresses its intention to terminate the contract to the Company prior to 20th of the previous of date of expiry of the contract, the contract shall automatically renew for another one (1) year, and the same shall apply to the subsequent terms too
For non-continuous contracts, when not specifically set forth in writing etc. at the time of execution of the contract, date of contract execution shall be the start date of contract period, and the contract period shall be until the point in time where the Company has completed delivery to the Applicant and the Company has confirmed the receipt of payment in full from the Applicant.
Upon expiry of the contract, the Company shall store the data pertaining to the Applicant for a certain period of time, and the Company shall delete it when the Company has found that data is no longer required. When the Applicant has requested access to data pertaining to the Applicant after the contract expiry, the Company may accommodate such request limited to the extent of data stored in the Company.
In the event the Applicant could not avail the services because of the reasons attributable to the Company, the Company shall acknowledge unavailability of the services for the applicant, and provided that this situation continues for 48 hours or more as calculated from the start time of unavailability of the services, upon the Applicant’s demand, the Company shall make compensation for the actual damages suffered by the Applicant with the upper limit of such compensation being the amount obtained by multiplying the number of days of unavailability of services with 1/30th of one month’s service fees (fractional amounts less than 1 Yen shall be discarded). Notwithstanding, when the compensation amount payable by the Company is less than 10,000 Yen, in lieu of making payment of the compensation amount, the Company may extend the contract term with the equivalent period as time when the services were unavailable.
When the Applicants have suffered damages because of the services offered by electronic communications company, and when the Applicants have made a claim for compensation of such damages on the Company, the amount of compensation for damages received by the Company from the electronic communications company regarding the electronic communication service shall be the upper limit of total amount of compensation for damages for all Applicants.
This shall not apply after it is conventionally accepted that delivery is completely, service period has expired, or provision of services has completed.
Unless specifically set forth in the rules, for the damages suffered by the Application in relation to using the services, the Company shall not assume any responsibility for non-fulfillment of obligations, responsibility for illegal acts, and responsibility to make compensation notwithstanding the other legal responsibilities to compensate.
As for the disputes that occurred between the Applicant Man and the dead services, the Applicant shall resolve such disputes at its responsibility and the Company shall have no responsibility whatsoever.
The Rules and the Contracts shall be regarded to have been prepared according to the laws of Japan, and they shall be interpreted according to the laws of Japan.
In the event of any dispute or doubt regarding the contracts entered into on the basis of the Rules, or for the matters not decided beforehand, the Company and the Applicants shall discuss in sincere faith and arrive at a solution.
For lawsuits related to the contracts entered into on the basis of the Rules, the Tokyo District Court of the Tokyo Summary Court shall be the jurisdictional court.
Types, details, scope, and the like of the website development service offered by the Company to the Applicants shall be as per the description on the Company’s website and the material stored by the Company.
Types, details, scope, and the like of the system development service offered by the Company to the Applicants shall be as per the description on the Company’s website and the materials stored by the Company.
Types, details, scope, and the like of the server hosting service offered by the Company to the Applicants shall be as per the description on the Company’s website, and the materials stored by the Company.
Upon expiry of contracts, unless specifically requested by the Applicants within 30 days of contract expiry, the Company shall delete all data (except customer registration information) pertaining to the Applicants recorded in the servers managed by the company at any time.
The rules shall apply from August 1, 2008. In principle, the rules shall not apply to the Applicants who made application for the services prior to the aforementioned start date of application.