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 (Application)
All services are provided in accordance with the provisions of these Terms and Conditions, and users are deemed to have agreed to each provision by entering into these Terms and Conditions
Article 2 (Service Contents)
The contents of this service are as follows. However, if there are separate provisions in the service definition document, quotation, or specifications (including documents, emails, or other means of communication that purport to be quotation or specifications; hereinafter referred to as "quotations, etc.") that the Company has provided to the user, the contents of those documents 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.
■ Available
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.
■ Target services
As stated in the quotation etc. issued separately by our company
Article 3 (Contract and 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 will not be refunded even if the contract is terminated for any reason. If the service is terminated, any fees already paid by the user, including prepayments, will not be refunded unless the terms and conditions are terminated due to our fault
Article 4 (Contract period and changes during 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
- If during the contract period, the User wishes to change the contract terms that will result in a reduction in the monthly fee for the Service, the User must notify the Company at least one month before the change takes effect
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 of the applicable services of this service are cancelled by the user during the minimum usage period due to the user's convenience, the user shall immediately pay the total amount of the monthly fee equivalent to the minimum usage period in one lump sum to the Company. The monthly fee shall be in accordance with the estimate
Article 6 (Payment Method)
- The user shall transfer the service fee for this service and the fee for additional services applied for by the user to the bank account designated by the company. The user shall be responsible for any bank transfer fees
- The User shall pay the Company the fee for the services provided by this Service from the 1st to the last day of each month on the dates listed below
■ Payment due date:
End of each month, payment at the end of the following month
Article 7 (Termination of Contract)
- Article 641 of the Civil Code shall not apply to the portion of this Agreement in which the work is a contract, and Article 651 of the Civil Code shall not apply to the portion in which the work is a commission. Except in the cases set forth in the following paragraphs, the User may not terminate or cancel the Agreement, regardless of the content of the work, whether or not compensation is paid as the ordering party, or for any reason
- The Company may terminate this Agreement if it determines that any of the following applies to the User
- (1) If the user provides false information to us at the time of application
- (2) If the user is late or delinquent in payment of 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 prohibited act as stipulated in these Terms and Conditions
Article 8 (Late Payments and Interest on Late Payments)
If the User fails to pay the service fee or other debts by the due date, the User shall immediately pay late interest calculated at an annual rate of 14.6%
Article 9 (Liaison Report)
Users shall contact and communicate with the Company by telephone, email, or other means of communication previously determined
Article 10 (Confidentiality)
- Neither the User nor the Company shall use any confidential information or business secrets (including materials loaned by the other party, hereinafter referred to as "Confidential Information") disclosed verbally or in writing in the course of business under these Terms and Conditions for any purpose other than the business under these Terms and Conditions without the prior written consent of the other party, nor shall they disclose or leak such information to any third party. However, this does not apply in the following cases:
- (1) When the confidential information was already in possession of the individual at the time of disclosure
- (2) The confidential information was 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 may use cloud tools that it uses in providing the Service, and that do not subcontract the work it performs in relation to the Service to the provider of such cloud tools, and the Company may record and process confidential information in such cloud tools
- The confidentiality obligations under this Article shall survive the duration of this Agreement and for three years after its termination. However, the confidentiality obligations regarding personal information and customer information shall survive 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 Refund amount (monthly fee) Less than 3 hours none 3 hours or more but less than 6 hours Prorated monthly fee for this service: 1 day 6 hours or more but less than 12 hours Prorated monthly fee for this service: 2 days 12 hours or more but less than 24 hours Prorated monthly fee for this service: 3 days More than 24 hours but less than 48 hours Prorated monthly fee for this service: 5 days More than 48 hours Half a month's monthly fee for this service - 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)
- When using the target Internet service, the user shall bear all responsibility for any trouble caused by the user
- Users shall not engage in any of the following acts
- (1) Any act of infringing the copyright of others
- (2) Distributing content that violates public order and morals
- (3) Any act prohibited by the provider of the target Internet service
- (4) Any other act that the Company determines to be an impediment to the provision of the 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 liable for any loss of data recorded by the User on the Target Internet Service unless the Company has intentionally done so. The User is obligated to make copies and backups of the data registered on the Target Internet Service in case of an emergency, in case of failure, suspension or data loss of the Target Internet Service
Article 14 (Repairs and 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 they are responsible. Furthermore, the Company shall not be liable for any damages incurred by the user, the Company, or third parties during the failure or restoration of the service
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 performance of all or part of these Terms and Conditions to a third party
Article 17 (Responsibility)
- If the User or the Company causes damage to a third party in connection with the performance of these Terms and Conditions due to reasons attributable to the User or the Company, the User or the Company shall resolve the matter at its own expense and responsibility, and shall not cause any damage or inconvenience to the other party
- 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
- Regarding the Company's liability under any provision of these Terms and Conditions, the Company shall only be liable if the Company itself is at fault and the existence of such fault can be reasonably proven. In the event that the Company is unable to fulfill its obligations under these Terms and Conditions due to defects or failures in the services of a third party used by the User or the Company in the performance of these Terms and Conditions, or if there are problems with performance, or if it is unclear whether the User's damage is the fault of the Company or the third party, the Company shall be exempt from all liability
Article 18 (Agreed Jurisdiction Court)
The User and the Company agree that any litigation relating to the Service shall be brought exclusively in the Osaka District Court as the court of first instance
Article 19 (Consultation)
If any matter not specified in these Terms and Conditions or any doubt arises regarding the interpretation of any provision of these Terms and Conditions, both the User and the Company shall promptly consult and reach a decision
Article 20 (Changes to Terms)
- The Company may change these Terms and Conditions. The Company may change these Terms and Conditions without obtaining the consent of the User, and the changed Terms and Conditions will apply to any Terms and Conditions that have already been concluded
- In the event that the Company changes these Terms and Conditions, the Company will notify the User by email or by posting a notice on the Company's website at least 30 days prior to the change, and the Company shall have the discretion to select which method to use
First edition: 2017.11.1 established
2nd edition: Revised December 2, 2019
3rd edition: Revised October 11, 2022 ( Click here )
