The terms and conditions for users to use the server services provided by Beyond Co., Ltd. (hereinafter referred to as the "Company") (hereinafter referred to as the "Service") are as defined in the Server Service Terms and Conditions (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.
■
Construction work to make the Internet services provided by users or third parties (hereinafter referred to as "Target Internet Services") listed in the service content estimate, etc., as specified in the attached sheet, and maintenance work to continue to operate under the same specifications.
■ Details of applicable Internet services
As stated in the quotes, etc. issued separately by our company
■ Maintenance and management work hours
24 hours a day, 365 days a year
■ Contents of maintenance and management work
(1) Investigating the cause and changing settings when resources of target Internet services increase.
(2) Investigating the cause and impact of attacks and various measures.
(3) Response such as confirmation and rebooting in the event of no lively response.
■ 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 user's order content 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 (Delivery/Contract not conformance)
- If the results of the construction work are provided by the Company, the user shall inspect the product within 7 days and notify him of the pass/fail. If no notice is received within the same period, it will be deemed to have passed the inspection.
- For non-conformance of contracts that cannot be discovered during inspection, the Company shall be responsible for repairs for six months from the time of passing the inspection.
Article 5 (Contract period and change within the period)
- During this service, the contract period for maintenance and management services, except as specifically specified in the estimate, will be from the order date to the end of the current month. However, if neither the user nor the Company receives a notice that the contract will not be renewed by one month before the expiration of the contract, the contract period will be renewed for one month, and the same will continue after that.
- 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 6 (Minimum period of use)
- Three months from the month incurred for the initial monthly fee will be set as the minimum period for maintenance and management work. (hereinafter referred to as "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 7 (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 8 (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) If the Company determines that it is engaged in any kind of exchange or involvement with anti-social forces, etc. (meaning an organized crime group, a member of a crime group, a member of a crime group, a company related to a crime group, a general aire, etc., a social movement, a special intelligence violent group, etc., or other similar persons; the same applies hereafter) or that it is engaged in any kind of exchange or involvement with an anti-social force, etc., which cooperates or involves in the maintenance, operation, or management of an anti-social force, etc. through funding or other means.
- (4) If the user engages in any of the prohibited acts stipulated in these Terms.
Article 9 (Delayed and late 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 10 (Contact Report)
Users shall contact and communicate with the Company by telephone, email, or any other predetermined means of communication.
Article 11 (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) If after receiving disclosure, the confidentiality becomes publicly known, regardless of the liability of the party to be disclosed.
- 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 12 (Quality Guarantee)
- Regarding maintenance and management services, if there is a period of time when the applicable Internet services cannot be used due to reasons attributable to our company, the Company shall be obligated to refund the amount listed to the user, depending on the following categories:
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: 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 and third parties are unable to use this service and related Internet services due to reasons attributable to our company's liability for maintenance and management services, compensation for damages to the user shall be limited to those provided for in the preceding paragraph. Regarding construction work, the amount of consideration for construction work will be limited. Even if the damages incurred by the User exceed these amounts, these or more amounts cannot be charged. Additionally, the user shall exempt the Company from claims from third parties who have suffered damages due to the inability of the User or a third party to use the target Internet service due to reasons attributable to the Company.
Article 13 (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, the Company does not guarantee that the covered Internet services will continue without a long time, and that any problems that arise with the user will be resolved or that the resolution will be made within a certain period of time.
Article 14 (Management obligation)
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 15 (Repair 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 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 16 (Compliance with laws, regulations, etc.)
The User and the Company shall comply with applicable laws and regulations in the performance of these Terms and Conditions, and shall bear all obligations and liability as an employer or employer for the performance of these Terms and Conditions by their respective personnel.
Article 17 (Contracting)
The Company may, at its discretion, entrust the fulfillment of all or part of these Terms to a third party.
Article 18 (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 under these Terms does not apply as per the law or the court's judgment, the total amount of liability the User or the Company shall bear to the other party shall be limited to the total amount of payment paid in the past six months from the time of the damages occurring.
- 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 19 (Agreement 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 20 (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 21 (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 )
4th edition: Revised 2025.5.9 (Revisions from 2025.5.8 here )
