The terms and conditions for users to use the server support service (hereinafter referred to as the "Service") provided by Beyond Inc. (hereinafter referred to as the "Company") shall be as set forth in the Server Support Service Terms of Use (hereinafter referred to as the "Terms")
Article 1 (Applicability)
All of the Services shall be provided based on the provisions of these Terms, and the User shall be deemed to have agreed to each provision before entering into this Agreement.
Article 2 (Service content)
The contents of this service are 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.
■ Service details
Maintenance and management work to keep the Internet services provided by users or third parties (hereinafter referred to as "Target Internet Services") operating according to the specifications set out in the attached document, as specified in the quotation or other documents issued separately by our company.
■ Provided
24 hours a day, 365 days a year
■ Response details:
(1) Investigating the cause and changing settings when resources of the target Internet service increase.
(2) Investigating the cause and impact of attacks, and taking various measures.
(3) In the event of no response, checking whether the service is alive or dead and taking measures such as rebooting.
■ Targeted services
As stated in the estimate etc. issued separately by our company
Article 3 (Contract/Usage Fees)
- The initial and monthly fees for this service will be based on the order details made by the user in accordance with the estimate, etc
- The initial fee shall not be refunded even if the contract is terminated for any reason. If 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 will be 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 the other party that they will not renew the contract at least one month before the end of the contract month, 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 one month before the change implementation date.
Article 5 (Minimum usage period)
- The minimum usage period is set at three months from the month in which the first monthly fee is incurred (hereinafter referred to as the "Minimum Usage Period")
- If all applicable services of this service are canceled due to the user's convenience during the minimum usage period, the user shall immediately pay the total amount of monthly fees corresponding to the minimum usage period to the Company in one lump sum. shall be. Additionally, monthly fees will be based on the estimate.
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.
■Payment date
Closed at the end of each month, paid on the last day of the following month
Article 7 (Cancellation of contract)
- This Agreement excludes the application of Article 641 of the Civil Code to the part where the work is a contract, and the application of Article 651 of the Civil Code to the part where the work is delegated. The contract cannot be terminated or cancelled, regardless of the content of the business, whether or not compensation is required as the orderer, or for any reason.
- If the Company determines that the User falls under any of the following items, the Company may cancel this Agreement.
- (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) When the Company determines that the Customer is involved in any form of interaction with or involvement with anti-social forces (meaning organized crime groups, members of organized crime groups, associate members of organized crime groups, companies related to organized crime groups, corporate racketeers, racketeers pretending to be involved in social movements, or special intelligence violent groups, or other similar entities; the same applies hereinafter), or that the Customer cooperates with or is involved in the maintenance, operation or management of anti-social forces through funding or other means
- (4) If the user engages in any of the prohibited acts stipulated in these Terms.
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 any other 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.
- Notwithstanding the provisions of the preceding paragraph, the Company uses cloud tools that the Company uses in providing the Service, but does not subcontract the work itself performed by the Company regarding the Service to the cloud tool provider. The Company shall be able to record and process confidential information in such cloud tools.
- 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)
- If there is a period during which the target Internet Service cannot be used due to reasons attributable to the Company, the Company shall be obligated to refund the amount specified in the following table 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, the User's compensation for damages shall be limited to the amount set forth in the preceding paragraph. Even if the damage suffered by the User exceeds the amount set forth in the preceding paragraph, the User shall not be able to claim an amount greater than the amount set forth in the preceding paragraph. Furthermore, the User shall indemnify the Company from any claims against the Company by a third party who suffers damages due to the User or a third party being unable to use the applicable Internet services due to reasons attributable to the Company
Article 12 (Scope of Responsibility)
- Users shall be solely responsible for any trouble caused by themselves when using the Target Internet Service.
- 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 are prohibited by the business providing the target Internet service.
- (4) Other acts that our company deems to be detrimental to the provision of this service.
- Due to the nature of this service, we do not guarantee that the Internet service will continue without interruption, that any problems that users may encounter will be resolved, or that the resolution will be carried out within a certain period of time
Article 13 (Management Obligations)
The Company shall not be held responsible for any loss of data recorded by the User in the Target Internet Service, unless the loss is caused intentionally by the Company. Users are obligated to make copies and backups of 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 endeavor to restore the services for which each party is responsible for the management. In addition, the Company shall not be held responsible for any damage caused to the user, the Company, or a third party at the time of failure or recovery.
Article 15 (Compliance with laws and regulations)
The User and the Company shall comply with applicable laws and regulations in fulfilling these Terms and Conditions, and shall bear all obligations and responsibilities as an employer or business owner for the fulfillment of these Terms and Conditions 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 shall not cause any damage or inconvenience to the other party. shall not have any effect on
- Even if the exemption from liability under these Terms and Conditions is not applicable due to law or court decision, 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 six months prior to the occurrence of the damage
- With respect to our company's liability under any of the provisions of these Terms, our company will only be liable if there is a cause attributable to the company itself, and the existence of such attributable cause can be reasonably proven. It will be done. In the event that the Company is unable to fulfill its obligations under this Agreement due to a defect or failure in the services of a third party used by the User or the Company in the performance of this Agreement, or if there is a problem with the performance of the Agreement, or if the Company is unable to fulfill its obligations under the Agreement, the Company may incur any damages caused by the User. If it is not clear whether the Company or the third party is responsible 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 of Use may be changed without obtaining the consent of the User, and the revised Terms of Use shall also apply to the Terms of Use 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: 2017.11.1 established
2nd edition: Revised 2019.12.2
3rd edition: Revised 2022.10.11 ( Click here )
