The terms and conditions for users using the server support service by Beyond Co Ltd (Referred as the “Company” hereafter) are set as shown steps below (Terms of Use).
Article 1 (application)
The Service shall be provided in accordance with the provisions of this Agreement, and the User shall be deemed to have applied for or ordered the Service after approving the provisions of this Agreement.
Article 2 (description of service)
The outline of this service is as follows. However, separate service and definition of documents, quotes, specifications (including quotes, email and other means of communication; here after referred as “quotations”) issued by the Company to users, if there is a rule, the content shall take precedence.。
■Service contents
Maintenance work, to keep the Internet service providers service or third parties service running on the Internet
■Business hours
24/7
■Corresponding content
(1)Investigate and change settings when the resources of the Internet service in alert state
(2)Investigate and change settings when the operation of the service is under attack
(3)Confirmation when there is no sign of any response such as reboot or termination
■Our service
As described in quotes issued separately by the Company
Article 3 (Contract and Usage fee)
- The usage contract for this service shall be concluded by submitting a purchase order by the user after the Company issues a quote etc. The initial cost, monthly cost, and other terms and conditions of this service shall be based on the quote, etc., regardless of the description in the purchase order. If there is a description in the purchase order that contradicts the quote, etc., The purchase order shall have no effect to the extent stated.
- The initial cost shall not be refunded if the contract is terminated for any reason. If the use of this service is terminated, the expenses already paid by the user shall not be refunded, including the advance payment, unless this agreement is canceled by our side.
Article 4 (contract period / change within period)
- The contract period of this service is from the date of order to the end of the current month, unless otherwise specified in the quote. However, if one month before the expiration month of the contract, if neither the user nor the Company notifies that the contract will not be renewed, 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 contents that will reduce the monthly cost of this service, it shall notify the Company one month before the change implementation date.
Article 5 (minimum usage period)
- 3 months from the contract start month shall be determined as the minimum usage period. (Hereinafter referred to as "minimum usage period")
- If the user cancels or refuses to renew all use contracts of this service with the Company within the minimum usage period, the user will receive the total amount of monthly fee corresponding to the minimum usage period Shall be paid to the Company immediately in a lump.
Article 6 (Payment method)
- The user shall transfer the usage fee of this service and the fee of the additional service by applying from the user to the bank account designated by the Company. The transfer fee shall be borne by the user.
- The user pays the Company for the services of this service from the 1st 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 daily.
■Payment date
Closing at the end of each month, payment at the end of the next month
Article 7 (Termination of contract)
- The Company may cancel the contract for this service if it determines that the user falls under any of the following items.
- (1) When the information provided by the user to the Company at the time of application has been falsely declared.
- (2) When the user is delayed or overdue for a total of two months or more.
- (3) Anti-social forces, such as gangsters, gangsters, associates of gangsters, gangster-related companies, general assembly houses, social movements, etc. The same shall apply hereinafter), or when the Company determines that it has engaged in any kind of exchange or involvement with antisocial forces, such as cooperation or involvement in the maintenance, operation or management of antisocial forces, etc. through funding or other means.
- (4) When the user performs a prohibited act specified in these Terms.
- In the case that the Company proposes to 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 month in which the cancellation is desired.
Article 8 (interest on late and late payments)
If the user does not meet his / her fees or other obligations after the due date, he shall pay the delinquent interest calculated at the rate of 14.6% per annum.
Article 9 (Contact report)
The user shall contact and communicate with the Company by telephone and e-mail or by using a predetermined communication method.
Article 10 (Confidentiality)
- The User and the Company shall not disclose any confidential or business confidential information (including materials lent from the other party), whether orally or in writing, through the business pursuant to this Agreement without the prior written consent of the other party. (Hereinafter referred to as “confidential information”) shall not be used for any purpose other than business under this Agreement and shall not be disclosed or leaked to third parties. However, this does not apply in the following cases.
- (1) If the confidentiality was already held at the time of disclosure.
- (2) When the confidentiality is already known.
- (3) After receiving disclosure, it becomes publicly known without the responsibility of the disclosed party.
- The confidentiality obligations under this section shall survive the validity of these Terms and three years after the termination of these Terms. The duty to keep confidentiality regarding personal information and customer information shall last 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 obliged to refund the amount stated in the same amount to the User according to the following categories.
Unavailable time Refund amount (for monthly usage fee) Less than 3 hours None 3 hours or more and less than 6 hours Prorated monthly fee for this service: 1 day 6 hours or more and less than 12 hours Prorated monthly fee for this service: 2 days 12 hours or more and less than 24 hours Prorated monthly fee for this service: 3 days 24 hours or more and less than 48 hours Prorated monthly fee for this service: 5 days 48 hours or more Half a month of this service monthly fee - If users and third parties cannot use this service and related Internet services for reasons attributable to the Company, compensation for damages to the users shall be limited to those prescribed in the preceding paragraph. Even if the damage incurred by the user exceeds the amount set forth in the preceding paragraph, it shall not be possible to claim an amount equal to or greater than the preceding paragraph. In addition, the User shall indemnify the Company from claims to the Company from third parties who have suffered damages due to the inability of the user and third parties to use the Covered Internet Service for reasons attributable to the Company.
Article 12 (Self-responsibility)
- When using the target Internet service, the user shall be liable for any trouble caused by the user.
- The user shall not perform any of the following actions.
- (1) Acts that infringe the copyright of another person.
- (2) Distribution of content that is against public order and morals.
- (3) Acts that cause harmful damage to the Service Environment or the Equipment such as transmitting harmful computer programs.
- (4) Acts such as reverse engineering, decompiling, disassembling, analyzing, altering, or falsifying programs such as systems and software included in the Device.
- (5) Acts that interfere with the operation of this service.
- (6) The act of storing and using data, etc. that is illegal under laws and regulations in the Service Environment.
- (7) Criminal acts or acts that increase criminal acts.
- (8) Activities prohibited by the provider of the target Internet service.
- (9) Any other act that the Company judges to be hindering the provision of this service.
- (10) Acts that may cause the above items.
- (11) Other acts that the Company deems 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 the Company has intentionally performed the data. The user is obliged to copy and backup the data registered on the target Internet service in case of failure, suspension or data loss of the target Internet service in case of emergency.
Article 14 (Repair / Restoration)
If the provision of the Internet Service is suspended or lost, the User and the Company shall endeavor to restore the responsibility for their own management. In addition, the Company shall not be liable for any damages incurred by a user or a third party during a failure or recovery.
Article 15 (Compliance with laws and regulations)
The User and the Company shall comply with applicable laws and regulations in the performance of these Terms and shall have all obligations and responsibilities of the employer or business owner for the performance of these Terms by their respective persons in charge.
Article 16 (Consignment)
The Company may outsource the performance of all or part of the Terms to a third party at its discretion.
Article 17 (Responsibilities)
- In the case that the User and the Company have caused damage to a third party for reasons attributable to their own responsibility regarding the performance of these Terms, the User and Company shall resolve this at their own expense and responsibility and cause any damage or inconvenience to the other party.
- Even if the disclaimer under this agreement is not applied by law or the judgment of the court, the total liability of the user or the Company to the other party shall not exceed the total usage fee for the past six months from the time of the damage.
- We will only be liable for any of our responsibilities related to the Service if we have a cause for liability and we can reasonably prove the existence of such liability. Can be in the event of the performance of this service, if there is a defect or obstacle in the service of the user or the third party used by our company, we cannot fulfill our obligations of this service, there is a problem in the performance, and there is no damage by the user. If it is not clear that this has occurred due to either the Company or the third party, the Company shall be exempt from all liability.
Article 18 (Jurisdiction court)
The user and the Company agree that the Osaka District Court shall have the exclusive jurisdiction of the first instance in any litigation relating to the Service.
Article 19 (Consultation)
If there is any doubt about the matters not specified in this agreement or the interpretation of each provision of this agreement, both the user and our company shall promptly discuss and decide.
Article 20 (Change of Terms)
- We may change these Terms. These terms and conditions can be changed without the user's consent, and the changed terms and conditions shall apply to the already concluded use contract.
- The Company shall notify the user of any change to these Terms by sending an e-mail or posting it on the Company's website at least 30 days before the change, and the Company shall be able to select either method such as continuing or not doing so.
Second edition: November 1, 2017
