Asahi Net, Inc.
Article 1. General Provisions
Article 2. Definitions
- The Service consists of the Company’s Internet connection service that uses the Docomo Line.
- The contents of the Service, the provision conditions for the Service, and other details shall be as presented to Members in the various regulations related to the Service as separately stipulated by the Company.
Article 3. The Agreement
- Members shall use the Service in agreement with the Agreement, the Asahi Net Individual Member Agreement (or the Asahi Net Corporate Member Agreement) separately stipulated by the Company, the IP Communications Network Service Agreement separately stipulated by Docomo for the provision of the Docomo Hikari service to its customers (hereinafter, the “Docomo Agreement”), and other various regulations related to the Service. Note that the agreement related to the use of the Docomo Line shall be separately concluded between Members and Docomo in accordance with the Docomo Agreement.
- If there are differences between the contents stipulated in the Agreement and the Asahi Net Member Agreement, the contents stipulated in the Agreement shall be applied with priority.
Article 4. The Formation of the Agreement and the Service Commencement Date
- The use agreement for the Service shall come into effect after the party who wishes to use the Service applies for use of the Service according to the procedures separately stipulated by the Company after agreeing to the Agreement, and the Company conducts registration of the party who wishes to use the Service as a user of the Service. However, if the party who wishes to use the Service does not conclude the use agreement for the Docomo Line stipulated in Article 3 Paragraph 1 by the date stipulated by the Company, the use agreement for the Service shall also no longer be effective.
- The service commencement date for the Service that shall serve as the base date for commencing the levying of the usage fee shall be the date separately stipulated by the Company. Note that the service commencement date for the Service shall be the same day as the service commencement date stipulated by Docomo based on the Docomo Agreement, and the Company shall notify Members of this service commencement data through a method deemed appropriate by the Company.
Article 5. Usage Fee
- The Company shall continually transfer by the unit of months used to Docomo the claim against Members for the usage fee for the Service (hereinafter, the “ISP Fee”), and Members shall consent to this without objection. Note that the ISP Fee claim that is subject to transfer shall include the amount equivalent to taxes including consumption tax and local consumption tax, delay damage claims, damage compensation claim, and all other claims that effectively serve as substitutions for value for that claim. Note that the provision conditions and usage fee handling, etc. for optional services, etc., provided to Members by the Company ancillary to the Service shall be as separately stipulated by the Company.
- Docomo shall set a fee that combines the ISP Fee received as a claim from the Company based on the preceding paragraph and the usage fee for the Docomo Line provided by Docomo (hereinafter, the “Combined Fee”).
- The Combined Fee shall be charged to Member by Docomo in accordance with the Docomo Agreement, and Members shall pay this to Docomo.
- The fee for the service commencement month shall be calculated on a pro-rata basis based on the number of days in accordance with the Docomo Agreement. In contrast, the fee for the final month of service shall not be calculated on a pro-rata basis regardless of whether or not the final day of service use is the end of the month, as Members shall pay the monthly Combined Fee. Note that if the agreement is terminated in the month the agreement is commenced (including not only cancellation of the Service, but also cases of the Service becoming not applicable based on Article 9), Members shall pay the monthly Combined Fee regardless of the reason.
- If a Member is not able to use the Service or the Docomo Line at all for a period of 24 hours or more due to grounds that the Member is not responsible for, the Member shall be exempted from payment of the Combined Fee calculated on a pro-rata basis for the period of time (limited to multiples of 24 hours) during which it was not possible to use the Service or the Docomo Line at all as recognized by Docomo in accordance with the stipulation of the Docomo Agreement. Note that if payment has already been completed by Members for a Combined Fee not requiring payment as above, Docomo shall return such payment in accordance with the prescriptions of the Docomo Agreement. Furthermore, the Company shall not be obligated to provide compensation beyond the prescriptions of this paragraph for damage incurred by Members due to not being able to use the Service or the Docomo Line, and Members give advance consent to this stipulation.
- If the contract party for the Service and the contract party for the Docomo Line differ and the application of the use of the Service and the Docomo Line are recognized by the Company and Docomo, respectively, the Member shall consent to without objection the acceptance of the claim related to the ISP Fee by the contract party for the Docomo Line in accordance with the stipulations of the Docomo Agreement. Furthermore, even for cases in which it is necessary to return the Combined Fee, this obligation shall be performed when Docomo makes the return to the contract party for the Docomo Line, and Members shall consent to this without objection.
- Docomo can transfer the claim on the Combined Fee, the usage fee for the terminal equipment stipulated in Article 8, and other usage fees related to services directly provided to Members accompanying the provision of the Service to a business stipulated by Docomo such as NTT Finance Corporation (hereinafter, the “Billing Business”), and Members shall consent to the transfer of this claim (including re-transfer to the Billing Business from Docomo related to ISP Fee claims) without objection. If Docomo transfers the claim based on this paragraph to a Billing Business, the Billing Business shall bill the Member on the behalf of Docomo as stipulated in each paragraph of this article, and the Member shall pay the applicable fee to the Billing Business.
- For other stipulations related to the usage fee for the Service, the stipulations of the Docomo Agreement shall be applied with priority over the Agreement.
Article 6. Notices
- Information on the progress of the start of operations of the Docomo Line for the Service shall be notified to the email address used by the Member for the Company’s connection service.
Article 7. Transmission Speed
- The transmission speed stipulated for the Service is the maximum speed, and it may vary depending on the connection conditions, the information and communication equipment owned by Members, the network environment, and other reasons, and Members shall consent to this.
- The Company does not provide any guarantees for the transmission speed of the Service.
Article 8. Terminal Equipment
- Terminal equipment separately stipulated by Docomo is required for the use of the Service.
- Terminal equipment shall be loaned to Members by Docomo, and the loan conditions shall be as stipulated by Docomo.
Article 9. Applicable Conditions for the Service
- If the use agreement between a Member and Docomo for use of the Docomo Line is terminated during the use period of the Service for whatever reason, the Member shall notify the Company without delay of this termination. If the Company receives such a notice from a Member, the Service shall no longer apply by a date that is separately stipulated by the Company.
- If a Member conducts change of name procedures for the use agreement with Docomo for use of the Docomo Line during the use period of the Service, the Member shall separately notify the Company without delay of these procedures.
- If there is a change in the use status of the Service or contract status for a Member, such as the cancellation or suspension of use of the Service by a Member, the Company shall notify Docomo.
Article 10. Changes to or Abolition of the Service
- The Company may make changes to or abolish the Service by notifying Members by a set notice period through the method prescribed by the Company (including methods stated on the Company’s prescribed website).
- The Company shall not bear any responsibility for changes to or abolition of the Service in accordance with the preceding paragraph.
Article 11. Other Matters
- Docomo shall accept various inquiries regarding the Docomo Line and the Combined Fee, and the Company shall accept inquiries concerning the service content, etc. of the Service.
- If a Member is in arrears of payment or refuses to pay the Combined Fee in accordance with the stipulations of the Docomo Agreement, the Company can suspend provision of the Service to the Member or cancel, etc. the agreements related to the Service in accordance with the stipulations of the Agreement and the Asahi Net Member Agreement, regardless of the circumstances related to the transfer of the claim for the ISP Fee based on Article 5.
- The Company can mutually disclose the information of Members within the scope necessary for provision of the Service to Docomo and Nippon Telegraph and Telephone East Corporation or Nippon Telegraph and Telephone West Corporation that provide wholesale telecommunications services for Docomo, and Members shall consent to this.
- If a Member wishes to use the Company’s services other than the Service, the Member shall apply separately to the Company.
Supplementary Provisions: The Agreement shall apply as of June 3, 2015.