The terms and conditions for users to use the server support (hereinafter referred to as the "Service") provided by Beyond Inc. (hereinafter referred to as the "Company") shall be as set forth in the following Server Support Terms of Use (hereinafter referred to as the "Terms")
Article 1 (Application)
This service is provided in accordance with the provisions of these Terms and Conditions, and the user is deemed to have applied for or ordered this service upon accepting each provision of these Terms and Conditions
Article 2 (Definition of Services)
The outline of this service is as follows. However, if there are separate provisions in the service definition document, quotation, or specifications (including documents, emails, and 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 Content
Maintenance and management work to keep the Internet services provided by users or third parties (hereinafter referred to as "Target Internet Services") operating as specified in the attached document.
■ Available
24 hours a day, 365 days a year
■ Response details
(1) Investigation and configuration changes when resources of the target Internet service increase.
(2) Investigation and configuration changes when an operation denial attack occurs.
(3) Confirmation and rebooting when there is no response.
■ Target services
As stated in the quotation etc. issued separately by our company
Article 3 (Contract and Usage Fees)
- The service agreement for this service will be established upon the submission of an order form by the user after our company issues a quote, etc. The initial fee, monthly fee, and other contract terms for this service will be based on the quote, etc., regardless of the contents of the order form, and if the order form contains any content that contradicts the quote, etc., the order form will be invalid to the extent of that content
- The initial fee will not be refunded even if the contract is terminated for any reason. If the use of this service is terminated, any fees already paid by the user, including prepayments, will not be refunded unless these terms 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 our company notifies us that the contract will not be renewed 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 prior to the implementation date of the change
Article 5 (Minimum usage period)
- The minimum usage period is set at three months from the contract start month (hereinafter referred to as the "minimum usage period")
- If the User cancels or refuses to renew all of the Service Agreements concluded with the Company during the minimum usage period, the User shall immediately pay to the Company the total amount of the monthly fees equivalent to the minimum usage period in one lump sum
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 the Service from the 1st to the last day of each month on the following dates. However, the fee for the first month of the Service shall be calculated on a pro rata basis
■ Payment due date:
End of month, payment at the end of the following month
Article 7 (Termination of Contract)
- If the Company determines that a User falls under any of the following items, the Company may terminate the contract for the Service
- (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 User is involved in any way with or has any relationship 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 social activists, or special intelligence violent groups, or other similar entities; the same applies hereinafter), or that the User 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
- If the Company requests the User to terminate the contract, or if the User requests the Company to terminate the contract, the User or the Company shall notify the other party in writing at least one month prior to the month of desired termination
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 agreed upon
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
- The confidentiality obligation under this Article shall survive the term of this Agreement and for three years after its termination. However, the confidentiality obligation regarding personal information and customer information shall survive indefinitely
Article 11 (Quality Assurance)
- If 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 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 our company, the User's compensation for damages shall be limited to the amount set forth in the preceding paragraph. Even if the User's damages exceed 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 our company from any claims against our 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 our company
Article 12 (Self-responsibility)
- The user shall bear all responsibility for any trouble caused by the user when using the target Internet service
- 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 that causes serious damage to the Service environment or the Equipment, such as transmitting harmful computer programs, etc
- (4) Reverse engineering, decompiling, disassembling, or otherwise analyzing, modifying, or tampering with the systems, software, or other programs included in the Equipment
- (5) Any act that interferes with the operation of this service
- (6) Storing or using data that is illegal under the law in the Service environment
- (7) Any act that constitutes or promotes a criminal act
- (8) Any act prohibited by the provider of the target Internet service
- (9) Any other act that the Company determines to be an impediment to the provision of the Service
- (10) Any act that may result in any of the above
- (11) Any other conduct that the Company determines to be inappropriate based on objective facts
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 such loss is caused intentionally by the Company. The User shall be 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 or a third party during the failure or restoration
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 any of our responsibilities related to this service, our liability will only be incurred if there is a reason attributable to our company itself and the existence of such reason can be reasonably proven.In the case of defects or failures in the services of the user or a third party used by our company in the performance of this service, which prevents our company from fulfilling its obligations for this service, or if there is a problem in performance, or if it is not clear whether the damage suffered by the user is the fault of our company or the third party, our company will 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 under the exclusive jurisdiction of 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 of Use from time to time. The Company may change these Terms of Use without obtaining the consent of the User, and the changed Terms of Use will also apply to any contracts of use 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
here for the previous version of the rules )
2nd edition: Revised December 2, 2019
