The terms and conditions for users to use the server support (hereinafter referred to as the "Service") provided by Beyond Co., Ltd. (hereinafter referred to as the "Company") are as follows. ).
Article 1 (Applicability)
This Service shall be provided in accordance with the provisions of these Terms, and the User shall be deemed to have approved each provision of these Terms before applying for or ordering this Service.
Article 2 (Definition of service)
The outline of this service is as follows. However, a separate service definition document, quotation, and specifications (including documents intended to be quotations and specifications, e-mails, and other communication means; hereinafter referred to as "estimates, etc.") separately issued by the Company to the user. If there is a provision, that content shall take precedence.
■ Maintenance and management work to keep the Internet services provided by users or third parties (hereinafter referred to as "Target Internet Services") specified in the Service Content Attachment
■ Provided
24 hours a day, 365 days a year
■ Response details
(1) Investigation and setting changes when resources of target Internet services increase.
(2) Investigation and configuration changes in the event of an operational disruption attack.
(3) Correspondence such as checking and rebooting when there is no response.
■ Targeted services
As stated in the estimate etc. issued separately by our company
Article 3 (Contract/Usage Fees)
- A usage contract for this service shall be established by the submission of a purchase order by the user after the Company issues a quotation, etc. The initial cost, monthly fee, and other contract conditions for this service shall be based on the quotation, etc., regardless of what is stated in the purchase order, and if there is a statement in the purchase order that contradicts the quotation, etc., Such purchase order shall be of no effect to the extent stated.
- The initial fee shall not be refunded even if the contract is terminated for any reason. If the use of this service is terminated, fees already paid by the user, including advance payments, will not be refunded, unless this agreement is canceled due to our company's responsibility.
Article 4 (Contract period/Changes within the period)
- The contract period for this service is from the date of order to the end of the month, unless otherwise specified in the quotation, etc. However, if neither the user nor the Company notifies us of the non-renewal of the contract at least one week before the expiration of the contract, the contract period will be renewed for one month, and the same shall apply thereafter.
- During the contract period, if the user wishes to change the contract details that would result in a reduction in the monthly fee for this service, the user shall notify the Company at least two weeks before the change implementation date.
Article 5 (Minimum usage period)
- The minimum usage period shall be three months from the contract start date. (hereinafter referred to as "minimum usage period")
- If the user cancels or refuses to renew all usage contracts for this service established with the Company within the minimum usage period, the user shall be liable for the total amount of monthly fees corresponding to the minimum usage period. shall be immediately paid to the Company in one lump sum.
Article 6 (Payment method)
- The User shall transfer the usage fee for this Service and the fee for additional services requested by the User to the bank account designated by the Company. Transfer fees shall be borne by the user.
- The User shall pay to the Company the compensation for the services performed from the first day of each month to the last day of each month on the following dates. However, the usage fee for the first month of starting this service shall be settled on a daily basis.
■Payment date
Closed at the end of each month/Payment at the end of the following month
Article 7 (Cancellation of contract)
- If the Company determines that the User falls under any of the following items, the Company may cancel the contract for this Service.
- (1) If the information provided by the user to the Company at the time of application is false.
- (2) If the user is late or delinquent in paying the usage fee for a total of two months or more.
- (3) Anti-social forces, etc. (means organized crime groups, organized crime group members, associate members of organized crime groups, companies related to organized crime groups, corporate racketeers, etc., gangsters or special intelligence violent groups that claim to be social movements, etc.), and other similar persons. (The same shall apply hereinafter), or when the Company determines that the Company has any kind of interaction or involvement with anti-social forces, etc., such as cooperating with or participating in the maintenance, operation, or management of anti-social forces, etc. through funding or other means.
- (4) If the user engages in any of the prohibited acts stipulated in these Terms.
- If the Company requests the User to cancel the contract, the User or the Company shall notify the other party in writing at least one month prior to the desired month of cancellation.
Article 8 (Delay/Delay interest)
If the user still fails to pay usage fees and other obligations after the due date, the user shall immediately pay overdue interest calculated at the annual rate of 14.6%.
Article 9 (Communication report)
Users shall contact and communicate with the Company by telephone, email, or by a predetermined means of communication.
Article 10 (Confidentiality)
- The User and the Company shall not disclose any confidential information or business secrets (including materials lent by the other party) that are disclosed, whether orally or in writing, through operations based on these Terms without the other party's prior written consent. (hereinafter referred to as "Confidential Information") shall not be used for any purpose other than business pursuant to these Terms, and shall not be disclosed or leaked to any third party. However, this does not apply in the following cases.
- (1) If the person already possesses the confidential information at the time of disclosure.
- (2) If the confidential information is already publicly known.
- (3) After disclosure, the information becomes publicly known through no fault of the disclosed party.
- The obligation to maintain confidentiality pursuant to this article shall continue during the effective period of these Terms and until three years have passed after the termination of these Terms. The obligation to maintain confidentiality regarding personal information and customer information shall continue indefinitely.
Article 11 (Quality Assurance)
- In the event that there is a period during which the Service cannot be used due to reasons attributable to the Company, the Company shall be obligated to refund the amount stated in the following categories to the User.
Unavailable time Amount of refund (relative to monthly usage fee) less than 3 hours none 3 hours or more but less than 6 hours Monthly fee for this service is prorated: 1 day 6 hours or more but less than 12 hours Monthly fee for this service is prorated: 2 days More than 12 hours but less than 24 hours Monthly fee for this service is prorated: 3 days More than 24 hours but less than 48 hours Monthly fee for this service is prorated: 5 days 48 hours or more Half a month of this service monthly fee - If the User or a third party is unable to use the Service or related Internet services due to reasons attributable to the Company, compensation for damages to the User shall be limited to those stipulated in the preceding paragraph. Even if the damage suffered by the User exceeds the amount set forth in the preceding paragraph, no claim shall be made for an amount greater than the amount set forth in the preceding paragraph. Additionally, the User shall indemnify the Company from any claims against the Company from third parties who suffer damages due to the User or third party being unable to use the Target Internet Service due to reasons attributable to the Company.
Article 12 (Self-responsibility)
- When using the Target Internet Service, the User shall be solely responsible for any troubles caused by the User.
- Users shall not engage in any of the acts listed below.
- (1) Acts that infringe on the copyright of others.
- (2) Acts of distributing content that violates public order and morals.
- (3) Acts that cause significant damage to the Service environment or the Equipment, such as sending harmful computer programs, etc.
- (4) Acts of reverse engineering, decompiling, disassembling, or otherwise analyzing, modifying, or tampering with the system, software, or other programs contained in the Device, etc.
- (5) Acts that interfere with the operation of this service.
- (6) Acts of storing and using data, etc. that is illegal in this service environment.
- (7) Criminal acts or acts that aggravate criminal acts.
- (8) Acts that are prohibited by the business providing the applicable Internet service.
- (9) Any other act that our company deems to be a hindrance to the provision of this service.
- (10) Acts that may cause any of the above.
- (11) Any other acts that our company deems inappropriate based on objective facts.
Article 13 (Management Obligations)
The Company shall not be held responsible for any loss of data recorded by the User on the Target Internet Service, unless the loss is caused intentionally by the Company. Users shall be obligated to copy and back up the data registered on the Target Internet Service in case of failure, suspension, or data loss of the Target Internet Service in case of an emergency.
Article 14 (Repair/Restoration)
In the event that the provision of the Target Internet Service is suspended or lost, the User and the Company shall each take responsibility for the management and work to restore it. In addition, the Company shall not be held responsible for any damage caused to users or third parties at the time of failure or recovery.
Article 15 (Compliance with laws and regulations)
Users and the Company shall comply with applicable laws and regulations when implementing these Terms, and shall bear all obligations and responsibilities as users or business owners regarding the implementation of these Terms by their respective personnel.
Article 16 (Outsourcing)
The Company may, at its discretion, entrust the fulfillment of all or part of these Terms to a third party.
Article 17 (Responsibility)
- In the event that the User and the Company cause damage to a third party due to reasons attributable to the User in connection with the performance of these Terms, the User and the Company shall resolve the matter at their own expense and responsibility, and do not cause any damage or inconvenience to the other party. Make it not exist.
- Even if the exemption under these Terms is not applicable by law or court judgment, the total liability of the User or the Company to the other party shall be limited to the total amount of usage fees for the past six months from the time the damage occurred.
- Regarding any liability of our company related to this service, our company will only be liable if there is a cause attributable to the company itself, and the existence of the cause attributable to the company itself can be reasonably proven. It will be done. In the event that the Company is unable to fulfill its obligations under the Service due to a defect or failure in the service of a third party used by the User or the Company in the performance of the Service, or if there is a problem with the performance of the Service, or if there is a problem with the performance of the Service, the User may incur damages caused by the User. If it is not clear that either the Company or the third party is at fault for the occurrence, the Company shall be exempted from any responsibility.
Article 18 (Agreed Jurisdiction Court)
The User and the Company agree that the Osaka District Court shall have exclusive jurisdiction of the first instance for any litigation related to this Service.
Article 19 (Consultation)
In the event that any doubt arises regarding matters not stipulated in these Terms or the interpretation of each provision of these Terms, both the User and the Company shall promptly consult and make a decision.
Article 20 (Changes to Terms)
- Our company may change these Terms. These Terms may be changed without obtaining the consent of the User, and the changed Terms shall also apply to usage contracts that have already been concluded.
- If the Company makes any changes to these Terms, the Company shall notify users by sending an e-mail or posting on the Company's website at least 30 days prior to the change, and the Company may choose which method to use. do.
First edition: Established and enforced on November 1, 2017
