WIFI-HIRE Terms of Service
1. General Provisions
Article 1(Conditions and terms apply)
1. WIFI-HIRE Terms of Service ("Terms") regarding the data card rental services offered by WIFI-HIRE (hereinafter referred to as "Service") applies uniformly between 1. Best Link INC. (hereinafter referred to as "the company"), as for the use of the company, and the service contractor (hereinafter referred to as "contractor").
Article 2 (Definition of Terms)
1. Except the words with separate definitions, the following words and expressions shall have the following meanings.
|1. Agreement of utilization||Collectively refers to the terms and conditions of contract.|
|2. Contractor||Service users who set the contract with Vision.|
|3. Rental Equipment||The set of service data communication equipments including accessories, SIM cards.|
Article 3 (Purpose of utilization)
1. Contractor should only use the Service for communication purposes.
Article 4 (Name and title)
1. This is a form of rental service, and the company owns the communication link and equipments.
Article 5 (Changes to the terms)
1. Company may change the terms and conditions without the consent of the contractor. In this case, according to the Article 7 of this Agreement, the company shall notify the contractor before the execution of modified terms and conditions.
Article 6 (Changes in service)
1. Without the consent of the contractor, the company may change the services of rent, communication fee, fixed fee and a monthly fee, such as rates, and various discount services. In this case, according to the Article 7, the company should notify the modifications to the contractors before apply the changes in services.
Article 7 (Method of notifications)
1. The method of notifications shall be the letter, e-mail or the company’s website. Contractors shall follow the ways that the company operates.
Article 8 (Changes in contractor’s information)
1. In the case of the contractor changing the information of subscriber’s names, addressed, and phone number (including cooperate legal mergers and divisions), you should provide the evident documents and notify the company.
2. If you fail to notify the company of changes referring to the preceding paragraph, all the e-mails, information and letters will be sent to the previous subscriber.
Article 9 (Registration for the rental equipment)
Contract will be effective after you agree with the Terms and conditions of the contract. You should provide required application form with the valid documents. (Hereinafter referred to as “ the registration of the contract agreement”)
2. We shall refuse to form a contract in the following cases. In these cases, we will notify the applicants. * we can just write ‘you’ to indicate contractor. Do not need to include the terms such as applicants or subscribers each time. So I changed the contents below… however.. Since other lists in this term used specific terms like contractors, so if you mind of using `you’ then just replace it with specific terms. For example,
- When there is a significant concern of you to violating the contract.
- When you fail to make a payment indicated in the contract.
- When you provided false information
- When there is a significant concern of violating the public policy of the service with illegal actions in your actions
- When there is a concern of you causing damage to credits in our service.
- Special cases when the company decides not to accept the application of the contract.
Article 10 (Establishment of rent)
1. After receiving all the rental equipments, the contract and the agreement of rental equipment can be completed. This happens after the applicant submitted all the required documents to the company (the "Constitution of agreement").
2. The contract and the agreement of rental equipment will be on effect, after you received the equipments and documents provided by the company.
3. The transport provider will give the confirmation to the company regarding the arrival of the rental equipments to the contractor.
Article 11 (Rental period extension)
1. If you wish to extend the period of rental equipment, you must report to the company before the termination date of the original contract.
2. If there is no claim for the extension of the rental period within five Days after the termination date, the company will automatically stop to provide the data communication services.
Article 12 (Receiving the equipments)
1. Contractor shall receive the service equipment in one of the following methods specified by the company. If you using the airport counter, you need to pay for the delivery charge. The ways to deliver the equipment to the specified place on departure day
- Deliver the equipment to the assigned airport counter (in this case, the receiver will be charged a different airport.)
- Deliver the equipment to specified place indicated by the contractor.
2. We are not taking any responsibility of delays in arrivals and returning equipments caused by inclement weather and natural disaster
Article 13 (Returning the equipments)
1. Contractor should return the communication equipment by the due date through a delivery mail service system.
2. When the contractor chooses to return it trough the shipping or delivery service, he or she needs to cover the delivery charge. If it is not, the company may claim you a separate expanses caused by the delivery service.
3. In the case of returning in domestic airport counter, the company charges you the airport-returning fee separately.
4. According to the article 11-1, the company will charge you the rate if the contractor requests the extension of the rental period.
Article 14 (Transfer of a right)
1. The contractor cannot transfer a right or an obligation to the others.
Article 15 (Acceptance of the application)
1. The company accepts the application for subscription following the orders
2. According to the article 9 (Registration for the rental equipment), the company may refuse or postpone accepting the application.
Article 16 (Cancellation / Termination of the contract)
1. Termination of the contract will occur on the day the rental equipment arrives at the company. However, the termination date will be the date the mailing company, which has a record of the rental terminal including Sagawa Express and Yamato Express, receives the equipment.
2. Return of rental equipment via third parties such as convenient stores, will also conform to the previous clause and the date of reception will be the date the mailing company receives the equipment.
3. Content of Service
Article 17 (Content of Service)
1. The company provides the services listed below.
- Equipment rental
- Rental the data communications equipment with its accessories to provide the service.
- Replacement of instrument with problems that cause during the preparation.
2. In order to utilize our service, you need a SIM card per each data communication units. Each customer will be given a different SIM card with assigned information number.
Article 18 (Unit Alternation)
1. During the contract effective period, the subscribers shall not change the lending terminal.
Article 19 (Communication Terms )
1. The contractor is able to use data communication only within the service boundaries of the terminal provided by the carrier of the rental equipment. However, data communication may not be available in some areas including indoors, underground, upper floor of high-rise building, tunnel, shade of high-rise building, mountainous area, maritime.
(Notice) The service areas listed in this agreement will conform to the code of SC-FDMA and OFDMA format, or DS-CDMA format, communications system that transmits sound or image.
2. Data communication offered by the carrier will be based on the communication protocol provided by the carrier of the rental equipment. However, the protocol does not guarantee transmission speed.
3. The transmission speed offered by the carrier may change depending on the communication situation, communication environment and other factors.
4. The maximum communication speed of the rental equipment displayed by the carrier is the standardized maximum speed and it does not guarantee a constant communication speed. The communication speed may change depending on the congestion of the line.
5. There are private IP address and global IP address for the IP address of the WiMAX equipment, but the address of the rental equipment will all be private IP address.
Article 20 (Fair Use and Restriction)
1. In order to provide fair and impartial use of communication for everybody, if the contractor or a user conducts excessive communication (e.g., Packet communication quantity for three (3) days is 3GB or more), suspension of use or restriction on use may be implemented according to the standards stipulated by each carrier, based on the policy of the carrier that the contractor or a user may use, or according to the judgment of the company. Also, the company may restrict use of the communication if the communication requires a substantial load, such as video streaming, online games, VOIP and FTP.
2. If such suspension of or restriction on communication occurs, the interruption of communication may continue during the period of use designated by the contractor. Even in such case, the company shall not return the fee to the contractor.
3. The company may demand that the applicant shall pay an additional fee with respect to excessive communication as stipulated in Article 21, paragraph 10 hereof
Article 21 (Utilization Fee)
1. The rate of the service is indicated in Table 1, ‘ Fees for WIFI-HIRE’. This includes security pack, optional service, contract cancellation fee, and SIM re-issue fee.
2. As written in this Agreement, subscribers have to pay the temporary expenditure, consumption tax and the fees for using services of a month. In terms of temporary costs, the subscriber still needs to make a payment in the following month. However, case-by-case, the company may require the subscriber to make a payment in the middle of the month.
3. Regardless of the number of Days counted, the optional service charge would be the same.
4. If a fraction of less than one yen occurs in calculating the charges, we will round off the fraction.
5. During the period of contract, the service charge will occur whether the subscriber use the service or not at the specific moment.
6. During the period of contract, the service fee will be charged, whether the subscribers are physically in the coverage are or not.
7. If the subscriber wants to change the handsets, he/she needs to cancel the contract with the former one and renew the contract to use another one.
8. The rate for the service may be subject to change according to the market trends. In that case, as set forth in (change of service contents) Article 6, the company notifies the subscribers.
9. If you failed to complete the payment until the due date, the company will charge you the annual over-due interest rate of 14.5%.
10. If the contractor or a user conducts excessive communication as stipulated in Article 20, the company may demand that the contractor or a user shall separately pay the additional fee.
Article 22 (Cancellation Fee)
1. This service has no cancellation fee.
Article 23 (Payment method)
1. The subscriber shall make a payment with credit card.
2. When the subscriber makes a payment, he/she shall abide by the rules of financial institution.
3. In the case the contractor fails to make the payment of service usage by the due date, the company may contact or notify (hereinafter referred to as "outstanding payment"), the contractor by the following methods which shall include but not be limited to, in writing, by e-mail, telephone, visit, etc.
4. The company may charge commission a third party to demand and receive credit towards the contractor based on the usage fee and overdue interest provided by Article 21, contract cancellation fee provided by Article 22, cancellation penalty provided by Article 29.
5. In the event of the company or mobile operator visits the contractor to demand and receive the credit, the contractor shall pay the company or mobile operator for the cost of the visit.
Article 24 (Airport Counter Fee) Airport commission fee
1. Detailed information regarding the commission fee of using the airport to renting and returning the equipment is listed in the list below.; ‘Table 1 Price regarding WIFI-HIRE’
5. Rental Device
Article 25 (Management of Rental Device)
1. The contractor shall manage and maintain the rental equipment, and shall not conduct any of the following below:
- Transfer, resale, analysis, remodeling, alteration, damage, destruction, loss, defacement (label sticking, cutting, coloring), label stripping of the rental equipment
- Unauthorized use outside of the contract
- Prohibited matters which are listed in the user manual of the rental equipment
- Taking the rental equipment to abroad
- Actions which violate Telecommunications Business Law, Mobile Phone Improper Use Prevention Act and other related laws and regulations
2. In the case of the company judges any of your action that breaks the clauses above, the company can require the contractor to rectify the problem and he or she is obliged to do so.
3. In the case of the company judges any of your action that breaks the clauses above, the company may forcibly demand the return of the rental equipment and the contractor is obliged to do so.
4. In the case of the company judges any of your action that breaks the clauses above, the company can charge you to compensate for the damages. Following the Article 29 and the contractor should take a responsibility for causing damages.
5. The contractor takes a charge and responsibility of rental equipment from the moment after receiving the rental equipment to the completion of returning it (until the company receives the rental equipment).
Article 26 (Malfunction and Loss of Rental Equipment)
1. When there is a problem in equipment operating properly (hereinafter referred to as “malfunction”), the company shall exchange with equipment. In this case, abided by the separate process, the customer shall notify the company without delay upon machine failure and send the equipment that does not operate properly (hereinafter referred to as “problem equipment”) to the designated area. However, in the event of the contractor falls under any of the following, the contractor shall be responsible for indemnity.
- The customer is faulty for the loss and damage of the product
- The company judges that the product cannot be offered due to loss, damage or defacement (adhesion of smell or other factors which damages the product’s value)
2. In the case the rental equipment includes a SIM card, the SIM card and the data transmission device shall be treated as a pair and both items shall be returned even if only either has a malfunction.
3. In the case of malfunction with the SIM card, the contractor shall immediately request for a reissue of the SIM card to the company. In this case, the company may demand a SIM reissue fee provided by the attached price list table 1 “Price Regarding WIFI-HIRE” and the contractor is obliged to this payment.
4. The company shall deliver the alternate equipment in the event of a malfunction after the contractor returns the problem equipment.
5. In the case there is already a problem with the rental equipment upon arrival, the company shall exchange the rental equipment free of charge. However, the contractor shall be responsible for the malfunction after 4 Days upon arrival. Furthermore, the company may demand repair costs upon exchange and the contractor is obliged to this payment.
6. In the case the rental equipment returned by the contractor is in an irreparable state, the company may demand costs provided by the attached price list table 2 “Indemnity of the Loss of WIFI-HIRE Rental Equipment”. The contractor shall abide by the company’s decision of the state of the rental equipment.
7. The company shall only guarantee the contractor that the rental equipment normally functions upon delivery and that the company shall not guarantee anything which will serve the contractor’s purpose.
8. In the case of loss of any devices, the contractor shall immediately report the case of the loss of the device to the company. According to the attached price list table 2 “Indemnity of the Loss of WIFI-HIRE Rental Device”, the company may charge the contractor for the loss.
9. In the case of the malfunction due to a water leak, the exchange will be free of charge and the contractor do not need to pay for the cost written in attached list of table 2 “Indemnity of the Loss of WIFI-HIRE Rental Device”. However, if the company judges that the malfunction is caused by prohibited acts listed in Article 25, the company may charge the contractor for damages following Article 29 and he or she is obliged to this payment.
10. In the case of loss of the device, the contractor is obliged to pay 80% of the costs as shown in the attached price list table 2 “Indemnity of the Loss of WIFI-HIRE Rental Device”.
6. Liability of the Contractor
Article 27 (Prohibited Matters)
1. The contractor is prohibited to conduct the following actions upon using this service:
- Actions that violate or may potentially violate the copyright, trademark or other rights of the company or the third party.
- Actions which violate this agreement
- Actions which violate Telecommunications Business Law, Mobile Phone Improper Use Prevention Act and other related laws and regulations
- Other actions considered inappropriate or unsuitable based on rational decisions by the company
Article 28 (Suspension of Use)
1. The company may suspend data transmission service in the event of the contractor falls under the following matters:
- The contractor does not make the payment of WIFI-HIRE data transmission service fee past the deadline
- Actions contrary to the fact stated upon applying for WIFI-HIRE Service
Article 29 (Indemnity)
1. In the case the contractor inflicts damages to the company regarding service, the contractor shall compensate for damages.
2. The company shall suspend the use of data transmission services and demand 30,000 yen as a cancellation penalty in the case the contractor has payments pending for the usage fee and others for a certain period of time.
3. The company shall not be responsible for any damages or conflicts the contractor has caused or involved with a third party regarding service. The contractor shall settle the issue with his or her responsibility and cost. Should by any chance the company be pursued liability by the contractor or third party, the contractor shall settle the concerned dispute with his or her responsibility and cost and the company shall receive exemption from responsibility.
7. Contract Cancellation
Article 30 (Agreed Cancellation)
1. The contractor may cancel the usage agreement by the following process below. However, there would be an additional usage charge when the contractor failed to return the rental equipment by the due date.
|Service Plan Name||WiFi-Hire|
|Cancellation Process||Cancelled once upon confirmation of the return of the rental equipment|
|Return Date||End Date of Application Plan|
Article 31 (Return of Rental Equipment)
1. The contractor needs to return the rental equipment upon canceling the contract.
2. (The confirmation of) completion of returning rental equipment will be conducted based on the shipping confirmation system provided by the transport provider.
3. In the case there is an insufficiency of the returned rental equipment or a confirmation of the returned equipment cannot be made by the end of the next month after the cancellation application, the company shall treat it as a loss and demand the costs provided by Article 26 (Malfunction and Loss of Rental Equipment), Clause 6.
4. The contractor shall pay the repair cost provided by Article 26 (Malfunction and Loss of Rental Equipment) and the costs provided by Clause 7 without delay, in the case the company judges that the returned rental equipment falls under the condition as provided by Article 25 (Management of Rental Equipment), Clause 1 (i) or repair is necessary due to malfunction.
Article 32 (Purchase of Rental Equipment)
1. Purchase of the rental equipment by the contractor is prohibited.
Article 33 (Cancellation of Contract)
1. In the case the contractor falls under the reasons below, the company may cancel the contract at once.
- The contractor does not fulfill the financial obligations or there is a risk of doing so
- The contractor illegally uses the service or abuse it against the public policy
- The contractor serves as an impediment to the usage of the service for direct and indirect use of the users
- The contractor violates the obligations provided by the agreement
- The contractor declares bankrupt, company reorganization or civil rehabilitation
- Other reasons when the company judges that cancellation is unavoidable
2. In the event of suspension of the service as provided above, the company shall notify the contractor the reason and the suspend date by following the Article 7 (Notification Process). However, the contractor may not be notified in the case of an emergency.
3. In the case of cancellation provided above, the contractor shall be responsible for any damages and responsibilities to the company upon cancellation.
4. Any reasons regarding the cancellation of the equipment after arrival shall not be accepted excluding initial failure.
8. Miscellaneous Provision
Article 34 (Disclaimer)
1. The company shall only be held responsible to the contractor according to this agreement and shall not be responsible for the loss of profit, damages due to data loss or any other damages (regardless of property rights or non-property rights) regarding the use of this service.
Article 35 (Management of Personal Information)
1. The company shall justly conduct the personal information, provided upon the contract and application of the service, within the necessary limits to achieve the purpose of use below:
- To answer various inquiries concerning the service
- To conduct identity verification, billing, notification of service modification, notification of service suspension or contract cancellation and notifications of other services
- To conduct questionnaire survey, sales promotion and gift shipment regarding the services by the company or partner company, via phone call, e-mail or mail
- To analyze the information to improve the company services or develop new services
- To make announcements on the product, service and campaign of the company or partner company
2. The company may need to provide your personal information to an outsourcing enterprise to provide you the efficient services in terms of business. In such case, the company will make sure to choose appropriate enterprise partner providing sufficient personal information protection.
3. The company shall not provide personal information to a third party other than the outsourcing enterprise without the consent of the contractor. However, matters provided by the law shall be followed.
4. The contractor shall appropriately manage and delete the recorded data, browsing information and history remained in the device by oneself. (delete contractor or user upon the use of broadband communication device.) The company shall not be responsible for the information management and data elimination upon the usage of the device or after the contract cancellation and the return of the device.
Article 36 (Cooling-off)
1. Matters regarding line subscriptions are not covered in the cooling-off period.
Article 37 (Governing Law and Jurisdiction)
1. The governing law regarding this agreement shall abide by the Japanese law.
2. Tokyo District Court is the exclusive competent court and we provide it the first priority in dealing with incidents regarding this regulations or conflicts
This agreement shall be enforced from Aug 1th, 2013.(Revised on April 1, 2014)
(Table 1) Price Regarding WIFI-HIRE
1. Service Fee, Usage Agreement
The service fee is as follows:
2. Optional Service, Usage Agreement
The service fee is as follows:
|External battery||162 Yen|
3. Cancellation Penalty, Usage Agreement
The cancellation penalty is as follows:
|Cancellation Penalty||30,000 Yen|
Cancellation penalty may be charged in violation of WIFI-HIRE Service Agreement. Cancellation penalty will not be charged to customers normally using the equipment.
4. Service Extension Fee, Usage Agreement
The service extension fee is as follows:
The extension fee plan above is only for registered members (free). Notification is necessary before the return date for the application. In the event of overdue of the return date, non-registered members will be charged a daily overdue fee below.
|Overdue Fee||1,080 Yen|
5. Shipping Cost, Usage Agreement
Shipping cost is as follows:
|Initial Shipping Cost||540 Yen|
|Customer Return Postage||540 Yen|
※In the case the equipment is sent C.O.D., the shipping cost will be added to the usage fee.
※※The initial shipping cost is 540 Yen/equipment unit, from 2 to 10 equipment units, 1,080 Yen, from 11 to 20 equipment unit, 2,160 Yen, and thereafter per 10 equipment units, 1,080 Yen is added (if shipped to the same address).
※If the equipment is returned by a method other than those designated by the company, the return postage shall not be refunded.
6. Airport Delivery Fee, Usage Agreement
The delivery and return fee at the airport counter is as follows:
|Device Receipt||540 Yen|
|Device Return||540 Yen|
7. SIM Reissue Fee, Usage Agreement
The SIM reissue fee (for 1) is as follows:
|WIFI-HIRE||Device Number||SIM Reissue Fee||WIMAX||IMW-C910W||-|
|Pocket WiFi||GL06P||2,160 Yen|
8. Indemnity List (80% Charge)
|WIFI-HIRE||Device Number||Device Price||SIM Card||Battery Pack||AC Adapter||Other Accessories|
|WiMAX||IMW-C910W||25,920 Yen||-||-||1,918 Yen||432 Yen|
|IMW-C1000W||25,920 Yen||-||-||1,918 Yen||432 Yen|
|Aterm WM3800R||25,920 Yen||-||-||1,918 Yen||432 Yen|
|Aterm WM3600R||25,920 Yen||-||-||1,918 Yen||432 Yen|
|Aterm WM3500R||25,920 Yen||-||-||1,918 Yen||432 Yen|
|FOMA||RS-CV0C||25,920 Yen||2,592 Yen||2,264 Yen||1,918 Yen||432 Yen|
|AWR-100T||25,920 Yen||2,592 Yen||2,264 Yen||1,918 Yen||432 Yen|
|FOMA/Xi||FS010W||25,920 Yen||2,592 Yen||2,264 Yen||1,918 Yen||432 Yen|
|Pocket WiFi||GL06P||31,018 Yen||1,728 Yen||3,456 Yen||1,918 Yen||432 Yen|
|GL04P||31,018 Yen||1,728 Yen||-||1,918 Yen||432 Yen|
|GL02P||31,018 Yen||1,728 Yen||-||1,918 Yen||432 Yen|
|GL01P||31,018 Yen||1,728 Yen||-||1,918 Yen||432 Yen|
|AU||HDW11||33,572 Yen||2,592 Yen||-||1,918 Yen||432 Yen|
|Wireless Adapter||External battery||Cradle||Carrying Pouch|
|Indemnity Amount||1,210 Yen||5,743 Yen||4,921 Yen||1,080 Yen|