Asahi Net, Inc.
1. This Agreement applies to the Asahi Net WiMAX2+ service (hereafter called "the Service") that Asahi Net, Inc. (hereafter called "the Company") offers to the Company's members (hereafter called "the Member").
2. Items related to the Service not set forth within the Agreement shall be applicable to those items presented separately in the Asahi Net Individual Member Service Agreement or Asahi Net Business Service User Agreement (hereafter referred to collectively as "the Member Agreement"), other agreements, on the Company's website, or in other documentation.
3. In the event there is a conflict between this Agreement and the Member Agreement or other agreement, this Agreement takes precedence as far as the provision of the Service is concerned.
4. The Company may alter the conditions of this Agreement. In these instances, the Company will provide an amendment and a supplementary note with the revision date.
1. The Service is a connection service provided at the request of the Member to the Member (both Individual and Business members). It is an Internet connection service offered in partnership with UQ Communications Inc. (hereafter called "UQ").
2. Usage of the Service requires a WiMAX 2+ compatible data transmission UIM card and data transmission device that have received Technical Standards Conformance Authorization based on the Telecommunications Business Act and Technical Standards Conformance Certification based on the Radio Act (hereafter referred to as "Data Transmission Devices and Other Equipment"). Members shall purchase Data Transmission Devices and Other Equipment from the Company within the Service.
3. In the event the Company determines a data transmission device used by a Member cannot be certified as being in conformance with the standards and other considerations of the previous sections, the Company may cease the provision of the Service to the Member in question.
1. Application for the Service is viewed as including the contract for the purchase of Data Transmission Devices and Other Equipment from the Company (hereafter referred to as the "Device Sales Contract") accompanying the usage contract for the Service.
2. In events that correspond to one of the following items, the Company may withhold its consent or defer on an application for the Service made by an applicant, or may limit the scope of the provision of the Service.
(1) In the event that within the Service application there are false entries, erroneous entries, invalid credit card information or other procedural defects.
(2) In the event the Member is recognized as having in fact defaulted on fee payment, or instances in which the Company has judged there is a possibility payment will be neglected.
(3) In the event that a contract or other agreement is canceled based on the Member Agreement or other contract, or usage of the Service, etc. has been suspended due to Agreement violations, non-payment or delinquency in the payment of fees, etc.
(4) In the event the provision of the Service is considered technically difficult due to the network environment of the applicant or other reasons.
(5) In the event the applicant lives outside of Japan.
(6) Other instances in which the Company has judged the applicant unsuitable as a User of the Service.
3. The usage contract for the Service shall come into effect at the time the Company gives its authorization following the Member's consent to this Agreement and application for the Service using the method designated by the Company (hereafter referred to as "the Authorization Date"). However, in the event that the Member is using Data Transmission Devices and Other Equipment sold by the Company, the contract shall either come into effect 10 days after the relevant device or other equipment is mailed, or the day that Member performs sets up (authenticates) the relevant device or other equipment, whichever is earlier.
4. The month in which the Member has accepted this Agreement is the starting month for this Agreement and the month from which usage charges will be billed.
1. From the month the contract begins for the Service, designated monthly fees will be incurred regardless of whether or not the Member uses the Service.
2. Within the Service application, registration procedure fees designated by the Company for the Service will be incurred.
3. Members using the Service shall pay the Company the fees set forth in preceding Section 4 clause 1 and clause 2, as well as the equivalent price of the Data Transmission Devices and Other Equipment and other fees designated by the Company (hereafter referred to collectively as "the Fees and Other Monies") by the date designated by the Company in the manner designated by the Company.
4. It is possible for the Service charges to change with prior notification.
5. In the event that the Member does not pay the Fees and Other Monies for the Service even after the payment date has passed, the payment amount shall include late interest calculated at an annual rate of 14.5% (365-day daily rate) from the day following the payment date to the date payment is made. Payment shall be made by the Member to the Company by the date and method designated by the Company.
1. The service area for the Service is an area determined and stated separately.
2. Even in the service area stated in the preceding paragraph, there may be places to which it is difficult for the signal to reach (including but not limited to interiors, tunnels, underground, inside buildings, the higher floors of buildings, the shadow of buildings, in mountainous areas, at sea) and there is the possibility the Service cannot be used (including the lowering of communication speeds); in this regard the Company shall make no guarantee under any circumstances.
3. The transmission speeds indicated in the Precautionary Notes and in other Service documentation are the maximum technical specification, and do not indicate actual transmission speeds. Transmission speeds can be altered for reasons including connection conditions, network environment, line traffic conditions or other considerations, and Members shall give prior acknowledgment to that fact and to the possibility that indicated speeds may not be experienced. The Company provides no form of warranty or guarantee in regard to this point.
4. Within the Service, when the communication time in a designated time frame exceeds the time designated by the Company, or when the communication volume in a designated time frame exceeds the volume designated by the Company, the Company may limit or suspend those communications.
1. In the event that a Member cancels the usage contract for the Service, that Member shall notify the Company in the manner designated separately by the Company.
2. Even in the event that the usage contract for the Service has been cancelled, the Company shall not refund any fees or other monies already received. However, in the event that based upon Article 26-3 Section 1 of the Telecommunications Business Act (Act No. 86, December 25, 1984) an Individual Member cancels by transmitting to the Company notification cancelling the usage contract for the Service within eight days of receiving notification from the Company detailing the contract information (hereafter cancellations in this instance are referred to as "Initial Contract Cancellations"), the Company shall refund Fees and Other Monies already received upon deducting Fees and Other Monies set forth elsewhere by the Company, including those fees for the provision of the Service received by the Member during the period up to the Initial Contract Cancellation.
3. In the event that a Member carries out the cancellation procedures at any time other than the time that was pre-established, a separate cancellation fee will be incurred.
4. In the event that a Member cancels the Service in the starting month of the Service, the Member will pay to the Company, in addition to the cancellation fee determined in the previous sections, registration procedure fees and the equivalent price of the Data Transmission Devices and Other Equipment.
1. Notification of an Individual Member's Initial Contract Cancellation shall be viewed as including cancellation notification of the Device Sales Contract accompanying the relevant usage contract. In the event there is an Initial Contract Cancellation for the usage contract, it shall be deemed that the Device Sales Contract accompanying the relevant usage contract is simultaneously cancelled.
2. In the event that an Individual Member cancels the Device Sales Contract through the preceding section, the Individual Member shall return the Data Transmission Devices and Other Equipment (includes cables, packaging, instruction manuals and all other peripheral and other items) received from the Company to their original condition (Data Transmission Devices and Other Equipment returned to their original condition are hereafter referred to as "Devices to be Returned") in accordance with the Return Conditions, and shall return them by the date designated by the Company (hereafter referred to as the "Return Date") to the location designated by the Company (hereafter referred to as the "Return Location"). Expenses associated with returning equipment shall be borne by the Member in question.
3. The Member shall be responsible for loss, destruction, deterioration and all other damage to Data Transmission Devices and Other Equipment to be returned that occurs before arrival at the Return Location.
4. In the event that Devices to be Returned are not returned beyond the Return Date, as well as in instances in which Data Transmission Devices and Other Equipment are returned in violation of the Return Conditions (including instances of breakage, water damage, loss of peripheral items or other reasons making it impossible to return the Data Transmission Devices and Other Equipment to their original states), the Company shall be able to invoice the Member with Device Damage Fees set forth separately. In this instance, the Member in question shall pay the amount invoiced by the Company, including Device Damage Fees, by the payment date designated by the Company. Furthermore, expenses incurred from bank transfers shall be borne by the Member in question.
5. Based on the preceding section, in the event that the Member pays a Device Damage Fee to the Company, the right of possession of the Data Transmission Devices and Other Equipment reverts to the relevant Member.
6. In the event that the Devices to be Returned are returned by the Return Date to the Return Location in accordance with the Return Conditions, the Company shall refund the price of the Data Transmission Devices and Other Equipment received from the Individual Member in accordance with the Device Sales Contract.
1. The Company may at its convenience alter, suspend or discontinue the Service. When the Service is to be altered, suspended or discontinued, by rule Members will be notified of the alteration, suspension or discontinuation no later than one month in advance.
2. The Company bears no responsibility for damages even in instances in which Members incur damages through the preceding section.
The Company shall, with the purpose of undertaking operations required to provide the Service, and only to the extent necessary to offer the service, provide to or set aside for subcontractors and the Company's business partner the member's information.
* This is a translation of the original Asahi Net WiMAX 2+ Agreement in Japanese. If there is any conflict between the original and the translation, the original shall prevail.